ill 


111; 


I 
I  I 


I 


I  I 


til      II  i    )  II 


i"iiniir'i!!i!'p!ir !"''!' 


THE 


REVISED  ORDINANCES 


OF  THE 


City  of  Charleston, 


SOUTH  CAROLINA. 


REVISED  AND  CODIFIED  BY  DIRECTION  OF  THE 

CITY  COUNCIL. 


.    '     >  "■■ , 

jt       o  '111 

^     .    •>  ,^   ■»      •  '      •> 
-J-^) '   ■,   I  J  ■ .  »— J 


CHARI,ESTON,  S.  C. 

Walker,  Evans  &  Cogswell  Co.    Printers. 

1903. 


^: 


V  ^{JC 


c. 


CONTENTS. 
ORDINANCES. 


CHAPTER  PACE. 

I — City  Seal i 

II — The   Mayor   2 

III — Judicial   Department   5 

City  Court — Recorder — Corporation  Counsel — 
Clerk — Sheriff. 

IV — Financial  Department 17 

Treasurer  —  Assessor  —  Assessment  and  Taxa- 
tion— Accounts — Ticket  Brokers — Cancellation 
of  Licenses — Sinking  Fund. 

V — Street  Department  55 

Superintendent  of  Streets  —  Streets  —  Vacant 
Lots — Cellar  Doors — Lamps  and  Lamp  Posts — 
— Trees — Wharves — Mill  Ponds — Tidal  Drains 
— Drains — Sewers — Water  Works — Wells  and 
Pumps — Electric  Wires  and  Poles — Sub-Ways 
and  Underground  Wires. 

VI — Health   Department 109 

Board  of  Health — Health  Officer — City  Dispen- 
sary Physicians — Births  and  Marriages — Privies 
and  Vaults — Low  Lots — Interments  and  Ceme- 
teries. 

VII — Department  of  Charities ' 140 

Alms   House — Ashley   River  Asylum — Orphan 
House  —  City      Orphan      Asylum  —  Industrial 
School     for     Colored     Orphans — William     Enston 
Home — Bathing  Houses. 
VIII — Freight  Commissioners — Freight  Bureau 159 

IX — Department  of  Education 161 

College  of  Charleston  —  High  School  —  City 
Scholarships  in  the  S.  C.  Military  Academy. 

X — Police  Department  168 

Chain  Gang — Police  Force — Fire  Department 
— Fire  Escapes. 


A'*U*''  U»"*k«    A        A      ^    -. 


1^  CONTENTS. 

CHAPTER.  PAGE. 

XI— Market  , i88 

XII — Inspections — Weights,  Measures,  Etc 207 

Clerk  of  Weights  and  Measures — Weights  and 
Measures — Coal — Fire- Wood — Corn  and  Oats 
— Bread — Timber  and  Lumber. 

XIII — Buildings — Chimneys — Chimney  Contractors  225 

XIV — Bicycles — Carriages — Automobiles — Carts — 

Drays — Horses — Dogs 238 

XV — Cotton  —  Gunpowder  —  Inflammable  Oils — 
— Naval  Stores — Fireworks — Kites,  Etc. — 
Distilleries  —  Bake-houses,  Etc.  —  Junk 
Shops  and  Pawnbrokers  256 

XVI — Railroads  —  Steam  Engines  —  Street  Rail- 
ways    , '. 272 

XVII— Disorderly  Behavior  and  Houses — Disorderly 

Persons — Gambling — Sunday  283 

XVIII-CiTY  Officers — Official  Bonds — City  Sur- 
veyor AND  Assistant  City  Surveyor — Clerk 
OF  Council — Mayor's  Secretary  and  Cus- 
todian of  the  City  Hall  293 

XIX — Park    Commissioners — Parks    and    Pleasure 

Grounds 306 

The    Battery — White    Point    Garden — Colonial 
Common — Washington  Square — Marion  Square 
.    — Wragg  Mall. 
XX — Miscellaneous — Names  of  Streets  Changed  314 
Dispensary. 


J 


APPENDIX. 

Franchise  granting  Right  of  Way  through  Streets 
OF  City  to  Charleston  City  Railway  Company 319 


ACTS  OF  THE  GENERAL  ASSEMBLY. 

Beggars , 366 

Board  of  Health 382 

Buildings 366 

Chain  Gang  Law 364 

City  Charter 330 

City   Court  405 

City  Taxes  a  Lien  361 

Contracts  with  City  Officials  Unlawful 404 

Fire  Department  379 

Low  Lots 387 

Municipal  Election,  Time  of 411 

Orphan  House  (Escheats)  391 

Police 392 

Registration  of  Voters  for  Municipal  Elections 355 

Sewerage 394 

Stocks  and  Bonds  400 

Streets 395 

Taxation 363 

Voting  Precincts _ 351 

Wards  347 

Water  Works,  Etc 404 


>         5  >       3 


■....■.•,K,-:-^.^i'U  •:;.'•■. 


AN  ORDINANCE 

TO  REVISE  AND  CODIFY  THE  ORDINANCES  OF  THE 
CITY  OF  CHARLESTON  IN  FORCE  ON  THE  27TH. 
DAY  OF  OCTOBER  ANNO  DOMINI  ONE  THOUSAND 
NINE  HUNDRED  AND  THREE. 


Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
City  of  Charh\<;ton,  in  City  Council  assembled,  That 

CHAPTER   I. 

CITY  SEAL. 


Section  i.  The  Seal  of  the  City  of  Charleston  seai  of  the  city, 
is  described  as  follows :  On  the  right  in  the  fore- 
ground is  a  female  figure  seated,  her  right  arm  raised 
and  forefinger  pointing,  her  left  arm  down  and  left 
hand  holding  a  sceptre ;  on  the  left  is  a  ship  under 
full  sail ;  in  the  background  is  a  water  view  of  the 
City,  with  the  steeples  towering;  immediately  below 
the  female  figure  are  the  words,  "Carolopolis  Con- 
dita  A.  D.  1670;"  encircling  the  whole  are  the 
following  inscriptions  in  Roman  capitals :  "Aedes 
mores  juraque  curat."     "Civitatis  Regimine  Donata 


THE  MAYOR. 


A.  D.  1783."  Which  Seal,  represented  as  aforesaid 
and  hereto  annexed  shall  be  and  is  hereby  estab- 
lished and  declared  to  be  the  common  Seal  of  the 
City  of  Charleston. 


Custodian   of        Sec.  2.     The  City  Treasurer  shall  have  the  ciis- 
^^^'"  tody  of  the  Seal  of  the  City,  and  the  same  shall  be 

carefully  preserved  and  kept  by  him  at  all  times  in 

his  office. 


CHAPTER  II. 


THE  MAYOR. 


Aug.  25, 1836,      §1 

The  Mayor 
deemed  to  be 
Chief  Executive 
Officer. 


His    duties. 


Sec.  3.  The  Mayor  of  the  City  shall  be  taken 
and  deemed  to  be  the  Chief  Executive  Officer  of  the 
Corporation  of  the  City  of  Charleston ;  and  in  addi- 
tion to  the  powers  and  duties  now  exercised  and 
required  of  him  by  law  or  Ordinance,  it  shall  be 
his  duty  to  be  vigilant  and  active  at  all  times  in 
causing  the  Ordinances  and  laws  for  the  government 
of  the  City  to  be  duly  executed  and  put  in  force ; 
to  inspect  the  conduct  of  all  subordinate  officers  in 
the  government  or  management  thereof;  and,  as 
far  as  in  his  power,  to  cause  all  negligence,^  care- 
lessness, and  positive  violation  of  duty  to  be  duly 


thp:  mayor. 


prosecuted  and  punished ;  for  which  purpose  he  shall 
have  all  the  powers  now  vested  in  any  of  the  Alder- 
men, or  in  any  member  of  the  different  boards  under 
the  authority  of  the  City;  and  if  any  person  shall 
oppose  or  interrupt,  assault,  or  refuse  to  obey  the 
lawful  order  of  the  Mayor  in  the  discharge  of  the 
duties  of  his  office,  such  person  shall  be  liable  to  the 
same  penalties  as  are  imposed  for  similar  offences 
committed  against  the  Aldermen,  or  the  members  of 
the  said  board,  respectively. 

Sec.  4.  The  Mayor  shall  have  power,  whenever, 
in  his  judgment,  the  good  of  the  City  may  require 
it,  to  summon  meetings  of  the  City  Council, 
although  their  meeting  may  stand  adjourned  to  a 
more  distant  day ;  he  shall  call  extra  and  special 
meetings  when  requested  in  writing  to  do  so  by  one- 
third  of  the  whole  number  of  Aldermen  elected ;  and 
he  shall,  from  time  to  time,  communicate  to  the  City 
Council  all  such  information,  and  recommend  all 
such  measures,  as  may  tend  to  the  improvement  of 
the  finances,  the  police,  health,  security,  cleanliness, 
comfort,  and  ornament  of  the  City ;  and  he  shall 
have  power  to  fill  all  vacancies  in  the  Boards  of 
Commissioners  appointed  by  him. 

Sec.  5.  The  Mayor  shall  have  the  exclusive 
direction  of  the  police,  or  in  case  of  his  absence  or 
inability  to  act.  the  Mayor  Pro  Tem.  It  shall  also 
be  the  duty  of  the  Mayor,  in  case  of  disobedience 
or  misconduct  of  any  one  of  the  officers  of  the 
police,  to  prefer  charges  against  him ;  and  the  officer 
shall  be  tried  by  City  Council  as  hereinafter  or- 
dained. And  it  is  hereby  further  declared  to  be 
the  special  duty  of  the  Mayor  to  take  all  proper 
measures  for  the  suppression  of  riots  and  the  pre- 
servation of  public  order,  for  which  purpose  he  is 
hereby  authorized  to  require  all  the  city  officers, 
and,  if  necessary,  to  call  upon  the  citizens  to  aid 
and  assist  him ;  and  he  is  authorized  to  use  the  police 


Penalty  for  op- 
posing his  lawful 
orders. 


lb.,    §2. 

Mayor  empow- 
ered to  summon 
extra  meetings  of 
Council,     S:c. 


lb.,    §4. 

Charged  with 
the  discipline  of 
the     police. 


Mayor  may 

bring     officers     of 
the  police  to  trial. 


To  suppress 

riots  and  preserve 
public   order. 


THE  MAYOR. 


Ti)      make      re- 
jjorts    to    Council. 


lb.,    S    6. 

Power      to  i.-- 

spect     books  and 

records      of  City 
Officers,    &c. 


lb.,    S    7- 

To  examine 

assessments. 


To         examine 

T  r  e  a  s  u  r  e  r  '  s 
l)ooks. 


lb.,    §    8. 

To     inspect 
City     work. 


and  such  portions  of  the  miHtia  as  may  on  his  requi- 
sition be  furnished  by  the  proper  officer  in  promptly 
and  effectuahy  putting  down  and  suppressing  riots, 
which  may  be  excited  in  violation  of  the  peace  and 
good  order  of  the  community  and  in  defiance  of  the 
laws.  And  it  shall  be  his  duty,  from  time  to  time, 
to  make  reports  to  Council  touching  the  condi- 
tion of  the  public  institutions  of  the  city,  and  to 
recommend  measures  for  their  improvement.  . 

Sec.  6.  The  Mayor  shall  have  power  to  inspect 
such  of  the  books,  papers,  and  records,  of  the  public 
officers  of  the  City,  and  of  the  boards  under  the 
authority  of  Council,  as  may  in  his  opinion  be  neces- 
sary to  enable  him  to  discharge  the  duties  imposed 
upon  him ;  and  may  call  upon  all  officers  of  the  City 
and  of  the  said  boards  to  furnish  him  in  writing 
with  any  information  connected  with  the  respect- 
ive offices. 

Sec.  7.  The  Mayor  shall  examine  the  assessments 
of  property  made  by  the  City  Assessor,  and  ascer- 
tain whether  proper  measures  are  taken  for  the  col- 
lection of  taxes ;  and,  with  the  members  of  the 
Committee  on  Accounts,  shall  examine  the  books 
of  the  City  Treasurer  monthly,  compare  the  receipts 
and  expenditures  with  the  proper  vouchers,  and 
report  the  result  of  such  examination  at  the  first 
meeting  of  Council  thereafter.  The  Mayor  shall 
also  examine  the  returns  of  the  City  Sherifif  of  all 
tax  executions  which  may  have  been  lodged  in  his 
office  for  collection. 

Sec.  8.  The  Mayor  shall  have  full  power,  and  it 
is  made  expressly  his  duty,  to  inspect  all  the  work 
going  on  from  time  to  time  at  the  expense  of  the 
City,  whether  of  paving,  building,  sinking  or  clean- 
ing drains,  assessing  and  widening  streets,  or 
of  any  other  nature  whatsoever,  and  report  to  Coun- 
cil their  progress  and  the  economy  with  which  they 
may  be  conducted. 


CITY   COURT  AND   RFXORDER.  "  5 

Sec.    9.  The    Mayor   shall   have   power   to   give         ^^^  ^  9- 
such  directions  to  the  police,  and  to  all  other  execu-  ^.  '^'o  gi^e  direc- 

A  ^  tions    to    police. 

tive  officers  in  the  service  of  the  City,  as  may  be 
necessary  to  carry  the  Ordinances  and  all  the  police 
laws  and  regulations  of  the  City  fully  into  effect ; 
and  to  require  them  to  attend  him  for  that  purpose 
by  night  as  well  as  by  day,  whenever  the  exigencies 
of  the  public  business  may,  in  his  opinion,  render 
such  attendance  necessary. 

Sec.   io.     The  Mayor  shall  open  an  office  at  the         ^^■'  ^  '"■ 
Council  Chamber,  for  the  transaction  of  public  l)us-  ^  To  have  an  of- 

^     .  nee      in      Council 

iness,  which  office  shall  be  kept  open  during  such   chamber, 
hours  as  he  may   from  time  to  time  prescribe  by 
public  advertisement. 

Sec.   II.     It  shall  be  the  duty  of  the  Mayor,  as      Mayor  to  make 
soon  after  tlie  close  of  each  year  of  his  term  of  office  the""^severrr%°e- 
( including  the  last  year  thereof)   as  is  practicable,   Pft?.'"^"''  °^  *^' 
to  present  to  the  City  Council  the  annual  reports  of 
the  several  departments  of  the  city  government  for 
the   previous   year,   reviewing  the  same   with   such 
recommendations  in   relation  thereto  as  may  seem 
to  him  advantageous  to  the  public  service,  and  cause  pHnted  ^°and 
the  same  to  be  printed  and  bound  in  the  usual  form. 


bound. 


Sec.     12.      For    his    services    the    Mayor    shall   If^-  ^'  '^^'• 


30.  If 


receive  an  annual  salary  of  three  thousand  five  hun- 
dred dollars,  payable  monthly. 


Salary. 


CHAPTER  TIT. 
JUDICIAL   DEPARTMENT. 

CITY    COURT RECORDER CORPORATION    COUNSEL 

CLERK SHERIFF. 

Sec.  13.     A  term  of  the  City  Court  shall  be  held   Feb.  5,  i«;4. 
on  the  first  Monday  in  every  month  to  continue  for  Mar. 25, 1902. 


four  weeks,  unless  the  business  of  the  Court  shall      Terms. 


CITY  COURT  AND   RECORDER. 


lb.,    §    2. 


Jury       Commis- 
missioners. 


Jurors. 


Drawing  of   Jury. 


be  sooner  disposed  of :  Provided,  That  no  jury  shall 
be  drawn  for  any  term,  unless  by  order  of  the 
Recorder. 

Sec.  14.  The  Clerk  of  the  City  Court,  the  City 
Treasurer  and  the  City  Assessor  shall  constitute 
the  Board  of  Jury  Commissioners  for  the  City  Court 
of  Charleston :  Provided,  in  case  any  member  of 
the  Board  of  Jury  Commissioners  fail  to  attend  for 
the  purpose  of  drawing  a  jury,  a  majority  of  the 
Board  may  act.  The  City  Sheriff  shall  on  the  first 
day  of  January  each  year,  provide  a  list  of  twenty- 
five  hundred  legally  qualified  jurors,  from  which  list 
the  Board  of  Jury  Commissioners  shall  cause  the 
names  to  be  written,  each  one  on  a  separate  paper 
or  ballot,  and  shall  fold  up  said  pieces  of  paper  or 
ballots  so  as  to  resemble  each  other  as  much  as 
possible,  so  that  the  names  written  thereon  shall 
not  be  visible  on  the  outside,  and  shall  place  them 
with  the  said  list  in  a  box  to  be  furnished  to  them  by 
the  City  Council  of  Charleston,  which  box  shall  be 
in  custody  of  the  Clerk  of  Court.  The  jury  box 
shall  be  provided  with  three  locks,  each  different. 
The  key  to  one  lock  shall  be  kept  by  the  Clerk  of  the 
City  Court,  one  by  the  City  Treasurer  and  one  by 
the  City  Assessor,  so  that  no  two  of  said  Commis- 
sioners shall  hold  keys  to  the  same  lock.  When 
jurors  are  to  be  drawn,  the  Board  of  Jury  Commis- 
sioners shall  attend  at  the  office  of  the  Clerk  of  the 
City  Court,  and  in  the  presence  of  the  Sheriff  shall 
shake  up  the  names  of  the  jury  box  until  they  are 
well  mixed,  and  having  unlocked  said  box,  the  Board 
of  Jury  Commissioners,  oi"  a  majority  of  them, 
shall  proceed  to  draw  therefrom,  without  seeing,  the 
names  written  thereon,  a  number  of  ballots  equal 
to  the  number  of  jurors  required,  and  which  jury 
shall  be  summoned  for  the  trial  of  causes  in  like 
manner  and  under  the  same  penalties  as  are  estab- 
lished by  law  and  usage  in  the  Circuit  Court :  Pro- 


CITY  COURT  AND  RECORDER. 


lb.,    §    3. 


Sheriff    to    pro- 
/ide    a    jury    list. 


lb.,   §   4- 

Sep.  22, 1874, 


§1. 


Practice 
pleadings. 


and 


vided,  That  no  venire  facias  shall  at  any  time  issue 
for  more  than  eighteen  jurors  to  serve  at  one  Court, 
from  .whom  a  jury  (or  two  juries,  if  the  Recorder 
shall  regard  more  than  one  jury  necessary  for  the 
proper  dispatch  of  the  business  before  the  Court,) 
shall  be  empanelled ;  and  in  case  of  non-attendance 
of  the  jurors  so  drawn  and  summoned,  their  places 
may  be  supplied  by  talesmen,  drawn  in  the  usual 
mode ;  but  no  person  shall  be  liable  to  serve  twice 
until  all  the  names  in  the  said  jury  box  shall  be 
drawn  out. 

Sec.  15.  The  City  Sheriff  is  hereby  required  to 
cause  to  be  made  a  jury  box  and  to  provide  a  jury 
list  of  all  persons  qualified  according  to  law  to  serve 
as  jurors  in  the  said  Court. 

Sec.  16.  The  practice  and  pleading  in  the  City 
Court  shall  be  the  same  as  in  the  Circuit  Court;  Pro- 
vided, That  in  no  case  in  which  the  City  Council 
shall  recover  judgment,  shall  costs  be  charged 
against  the  City. 

Sec.  17.  Whenever,  and  as  often  as  the  ofiice  of 
Recorder  shall  become  vacant,  a  Recorder  for  the 
City  of  Charleston  shall  be  elected  by  the  City  Coun- 
cil by  ballot,  and  be  commissioned  by  the  Mayor 
during  good  behavior;  and  the  Recorder  so  elected, 
before  he  enters  upon  the  execution  of  his  office, 
shall,  in  addition  to  the  oath  prescribed  by  the  Con- 
stitution and  laws  of  the  State,  take  the  following- 
oath  of  office,  to  wit:  "I.  A.  B.,  do  solemnlv  swear  ,  <^^?;"'  .°f   "**\^'" 

to     be     taken     by 

that  I  will  well  and  truly  discharge  the  trust  reposed  Recorder, 
in  me,  as  Recorder  of  the  City  of  Charleston,  by 
administering  justice  according  to  law  and  the  Or- 
dinances of  the  City  Council,  in  the  City  Court, 
wherein  I  am  appointed  to  preside,  according  to 
the  best  of  my  knowledge,  judgment  and  ability, 
without  malice  or  partiality;  that  I  will  not  take  any 
fee,  gift,  or  gratuity,  except  such  as  may  be  allowed 
me  by  law,  or  Ordinance  of  the  City  Council,  for 


Apl.  14,  1802,       %b. 
Recorder    to    be 
elected    by    Coun- 
cil. 


8 


CITV   COURT  AND   RECORDER. 


To  make  rules 
for  the  Police 
Court. 


May         require 
the  attendance 

of   the   police  and 
City    Sheriff. 


Persons 
ruptin 


the 


ceedings      of 
lice    Court 
arrested. 


inter- 
])ro- 
Po-' 
to    be 


Penalty. 


any  thing  to  be  done  by  me,  in  virtue  of  my  said 
office;  and  that  I  will,  without  being  influenced  by 
fear,  favor  or  affection,  do  equal  justice  and  right 
to  all  manner  of  people,  both  high  and  low,   rich 
and  poor,  without  any  distinction  whatsoever ;  and 
that  I  will  likewise,  during  my  continuance  in  the 
said    office,    truly,    faithfully    and    impartially    dis- 
charge all  the  other  duties  thereof  prescribed,  or  to 
be  prescribed  by  any  of  the   City   Ordinances,   or 
resolves  of  the  City  Council.     So  help  me  God." 
It  shall  be  the  duty  of  the  Recorder  to  hold  a  Police 
Court  daily  at  the  Main  Station  at  such  hour  as  he 
may  fix,   and  he  shall   have  power  to  make   such 
rules  and  regulations,  not  inconsistent  with  the  laAvs 
of  the  land,  for  conducting  the  business  of  the  Court 
as  may  be  necessary  for  the  dispatch  of  the  same, 
the  preservation  of  order  and   the   furtherance  of 
public  justice;  and  he  may  require  the  attendance 
of  any  of  the  officers  or  members  of  the  police,  the 
City  Sheriff  and  his  deputies,  whenever  their  pres- 
ence may,  in  his  opinion,  be  necessary  for  the  safe 
keeping  of  the  prisoners,  or  the  suppression  of  any 
riot  or  disorder;  and  it  shall  be  the  duty  of  such 
officers  to  arrest  and  commit  to  the  Guard-house  all 
persons  guilty  of  any  riotous  or  disorderly  conduct, 
or  who  may  in  any  other  manner  unlawfully  inter- 
rupt the  proceedings  of  the  said  Court,  to  be  dealt 
with  according  to  law ;  and  every  person  so  offend- 
ing shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  liable  to  a  fine  of  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars,  to  be  re- 
covered before  any  Court  of  competent  jurisdiction, 
or  to  imprisonment  not  more  than  thirty  days ;  and 
may,  moreover,  be  required  to  give  security  for  his 
good  behavior.     And  it  shall  be  the  duty  of  one  of 
the  officers  of  the  police  to  be  in  constant  attendance 
on  said  Court,  and  to  take  the  proper  measures  for 
the  safe  keeping  of  the  prisoners,  and  for  carrying 
into  effect  the  orders  of  said  Court. 


C  ITV    COURT    AND    KIXOKUER. 

Sec.    i8.     If  the  Recorder  shall  absent  himself         ^'^^  ^  ^• 


from  the  City,  or  nes:lect  to  attend  the  Citv  Court,      office  vacated  if 

"^  .  '  .  Kecorder  shall  ab- 

for  the  space  of  three  months  in  any  one  period   sent    himself    or 

1  -1  1  r     1         r^-  ^-  ■^    r  i        1     neg'ect      his      du- 

together,  without  leave  ot  the  City  Cotincil  hrst  liad  ties. 
and  obtained,   such  absence  or  neglect  shall  abso- 
lutely vacate  his  office,  and  the  City  Council  shall 
proceed  to  elect  another  person  as  Recorder  in  his 
stead. 

Sec.  19.   It  shall  be  the  duty  of  the  said  Recorder  .Tuiy29, 18^5,    §2. 


to  report  to  the  corporation  whenever  required  by      Recorder  to  re- 

^,  ,    ■  ■     ■  .  .    .  ,  .     ,  port     his     opinion 

them,  his  opinion  m  writing",  as  to  any  point  or  on  points  of 
points  of  law  submitted,  which  iPxay  relate  to  the  him. 
interest  or  concerns  of  the  City,  and  to  afford  his 
counsel  upon  all  legal  subjects  which  may  from  time 
to  time  arise  and  be  submitted  to  him,  or  which 
may  be  required  of  him  by  any  Ordinance  or  resolve 
of  the  City  Council :  Provided,  That  nothing  herein 
contained  shall  be  construed  to  impose  any  obligation 
upon  the  said  Recorder  to  appear  as  an  advocate 
and  plead  in  the  Courts  in  any  case  in  which  the 
corporation  of  the  said  City  may  be  interested  or 
concerned. 

Sec.  20.    That    the    Recorder    of    the    City    of      Recorder      t  o 

.  ....'.  sentence     persons 

Charleston,   or  any   Magistrate  having  jurisdiction  convicted  of  vio- 

c        rr  -ii-  ri/— •  r    '^tion       of       City 

01  oriences  against  the  ordinances  of  the  City  of  Ordinances  to 
Charleston,  be,  and  they  are  hereby  authorized,  in  the  streets,  etc. 
their  discretion,  to  sentence  persons  convicted  in 
the  Police,  City  or  Magistrates'  Courts  of  violating 
the  ordinances  of  the  city,  to  hard  labor  on  the 
streets,  squares,  alleys  and  lanes  of  the  City  of 
Charleston  for  such  a  number  of  days  (not  exceed- 
ing thirty),  as  the  offence  may  deserve.  That  all 
persons  so  sentenced  shall  be  worked  under  the 
direction  and  control  of  the  Superintendent  of 
Streets  and  Committee  on  Streets  of  the  City  of 
Charleston. 

Sec.  21.     The  City  Recorder  shall  receive  as  a  Mar.  12,1844,    §i. 
compensation  for  his  services  an  annual  salary  of   ^ar.  26, 189s. 


Salary     of     Re- 
corder. 


10 


CORPORATION   COUNSEL. 


Dec.  29,  1837, 
Aug.  13,1851, 
Feb.  28, 1893, 
Apl.  13,1897. 

Salary 
Clerk. 


§1. 
§1. 
§1. 


o  f 


Feb.    27,    1903. 


fifteen  hundred  dollars,  payable  monthly  out  of  the 
City  Treasury. 

Sec.  22.  That  at  the  first  res^ular  meetino:  of 
Council  in  January  A.  D.  1906,  and  at  the  same  time 
in  every  fourth  year  thereafter,  thert  shall  be  elected 
a  Clerk  of  the  City  Court,  who,  as  a  compensation 
for  all  his  services  in  attending  the  City  Court,  and 
performing  such  duties  as  may  be  required  by  the 
Recorder,  and  in  lieu  of  all  charges  for  costs  in 
cases  in  the  City  Court  where  decrees  may  be  against 
the  City,  shall  receive  the  annual  salary  of  $150.00, 
payable  monthly. 


Corporation  Counsel. 


Dec.  23,  1873,      §1. 

Election. 
April   13,   1897. 


lb.,    §    2. 


Duties. 
May    17, 


1897. 


Sec.  2^.  On  the  second  Tuesday  in  January  A. 
D.  nineteen  hundred  and  six,  and  on  the  same 
day  in  every  fourth  year  thereafter,  there  shall 
be  elected  by  the  City  Council  an  officer  whose  desig- 
nation shall  be  the  Corporation  Counsel  of  Charles- 
ton. 

Sec.  24.  The  duties  of  said  Corporation  Counsel 
shall  be  as  follows  :  He  shall  enter  appearance  in 
all  actions,  cases  and  special  proceedings,  and  con- 
duct all  suits  in  all  Courts  in  which  the  City  of 
Charleston  is  or  shall  be  a  party  and  examine  titles, 
prepare  deeds  and  other  instruments  required  by  his 
office,  and  by  this  body,  with  reference  to  the  cases 
in  which  he  appears. 

He  shall  prosecute  escheats,  investigate  titles,  give 
opinions  on  questions  of  law  when  requested  by  this 
body,  and  he  shall  do  ever}^  professional  act  incident 
to  his  office  which  may  be  required  by  the  City  Coun- 
cil, any  committee  thereof  or  any  ordinance  or 
resolution. 

He  shall  furnish  to  the  Mayor,  City  Council,  any 
committee  thereof,  or  to  any  officer  who  may  require 
it  in  the  official  discharge  of  his  duties,  his  legal 


CORPORATION    COUNSEL.  11 

opinion  on  any  and  all  matters  relating  to  the  duties 
of  their  respective  offices. 

He  shall  draft  such  bonds,  deeds,  obligations,  con- 
tracts, leases,  conveyances,  agreements  and  other 
legal  instruments  of  whatever  nature  which  may  be 
required  of  him  by  any  ordinance  or  resolution,  or 
by  any  order  of  the  Mayor,  the  City  Council  or  any 
committee  thereof,  or  which  may  be  required  by  any 
person  contracting  with  the  City,  which  by  law, 
usage  or  agreement  the  City  should  furnish. 

He  shall  when  requested  by  the  Mayor  or  the 
City  Council  appear  before  the  Legislature  or  any 
committee  thereof,  and  there  represent  the  interests 
of  the  City. 

He  shall  pay  monthly  to  the  Treasurer  of  the  said 
City  all  sums  received  for  the  said  City  by  him,  as 
the  legal  representative  thereof :  Provided,  however, 
that  he  may  pay  over  such  mone3^s  as  he  may  collect 
on  cases  in  his  hands  to  the  several  departments  of 
the  City  from  which  he  shall  have  received  such 
cases. 

He  shall  report  annually  to  Council  the  num- 
ber and  condition  of  the  cases  in  which  he  shall  have 
entered  appearance,  and  shall  within  three  weeks 
from  the  day  of  his  election,  enter  into  bonds  for 
five  thousand  dollars,  with  one  or  more  sureties,  for 
the  faithful  performance  of  his  duties,  and  the  pay- 
ment of  all  moneys  as  hereinbefore  provided. 

It  shall  be  the  duty  of  the  Corporation  Counsel 
to  consult  with  the  Mayor  as  to  the  best  method  of 
handling  all  matters  referred  to  him  by  the  Mayor, 
and  to  conduct  and  dispose  of  all  cases  placed  in  his 
hands  by  the  Mayor  in  such  manner  as  the  Mayor 
may   direct. 

Sec.  25.     The  salary  of  the  Corporation  Counsel   Feb.   14,   issj. 
shall  be  eighteen  hundred  dollars  per  annum,  payable      ^^'^^  ^'  '  ^^' 
monthly  -.Provided,  That  for  services  rendered  be- 
yond the  limits  of  the  Cit}4,  such  actual  traveling 


Salary — Clerk. 


12 


SHERIFF. 


Dec. -'3, 1873,     Ss- 

Mayor  author- 
ized to  employ 
additional  coun- 
sel. 


and  hotel  expenses  shall  be  allowed,  as  are  reason- 
able and  jnst.  He  shall  also  be  authorized  to  ap- 
point a  clerk  who  shall  be  under  his  control  and 
direction,  to  perform  such  duties  as  he  may  require; 
such  clerk  to  receive  a  salary  of  $300  per  annum, 
payable  monthly. 

Sec.  26.  The  Mayor,  in  his  discretion,  shall  be 
authorized,  on  particular  occasions,  to  engage  the 
services  of  additional  counsel,  the  compensation  for 
said  services  to  be  provided  by  the  City  Council. 


Sheriff. 


.Vjil.  14,  180J,     §  I. 

Election       and 
term     of    office. 


Oath    of    ofiice. 


Nov.    10,    1896. 
Under    Sheriff. 


Sec.  22.  The  Sheriff  of  the  City  shall  be  elected 
by  the  City  Council,  by  ballot,  and  be  commissioned 
by  the  Mayor  for  a  term  of  four  years,  and  the 
person  so  elected  shall  take  the  oath  of  allegiance  to 
the  State,  and  also  the  following  oath,  viz.  : 

"I  do  solemnly  promise  and  swear  (or  affirm) 
that  I  will  well  and  faithfully  serve  the  City  of 
Charleston,  in  the  office  of  Sheriff,  according  to  the 
best  of  my  skill  and  ability  ;that  I  will  do  equal  right 
to  all  persons,  high  and  low,  rich  and  poor,  without 
malice,  favor  or  affection ;  that  I  will  well  and  truly 
return  and  execute  all  process,  writs  and  executions 
directed  to  me,  according  to  any  Act  of  the  Legis- 
lature or  ordinance  of  the  City  Council ;  that  I  will 
not  take  any  fee,  gift,  or  gratuity,  except  as  may  be 
allowed  me  by  law,  for  anything  to  be  done  by  me 
in  virtue  of  my  said  office ;  and  that  I  will  justly  and 
faithfully  render  a  stated  account  of  all  moneys 
received  by  me  on  account  of  the  corporation  to 
the  Mayor  or  City  Council  once  in  every  month  and 
pay  the  same  into  the  treasury  of  the  City.  So  help 
me   God." 

The  Sheriff  of  the  City  shall  be,  and  is  hereby 
authorized  and  empowered  to  appoint  an  Under 
Sheriff,  subject  to  the  approval  of  the  Mayor,  to 


SHERIFF. 


13 


aid  him  in  the  duties  of  his  office,  at  a  salary  of  nine 
hundred  dollars  per  annum,  payable  monthly,  out  of 
the  city  treasury.  The  Sheriff  shall  have  power  at 
all  times  to  remove  said  Under  Sheriff,  and,  with  the 
approval  of  the  Mayor,  to  appoint  another  in  his 
place.  Nothing  herein  contained  shall  be  construed 
to  exempt  the  said  Sheriff  from  liability  for  the 
misconduct  or  malfeasance  of  said  Under  Sheriff' 
so  appointed.  The  said  Under  Sheriff  shall  take 
the  oath  above  prescribed  to  be  taken  by  the  Sheriff 
except  the  latter  sentence  of  the  same  previous  to 
entering  upon  his  duties.  The  Sheriff  shall  make 
all  proclamations,  issued  by  order  of  the  Mayor, 
which  concern  the  interest  of  the  City,  without  any 
extra  fee  or  reward. 

The  said  Sheriff,  Under  Sheriff  and  Deputy 
Sheriffs,  shall  be  liable  to  all  such  other  duties,  and 
invested  with  all  the  powers  and  authorities  within 
the  jurisdiction  or  the  limits  of  the  City,  that  Sher- 
iffs, Under  or  Deputy  Sheriffs,  by  the  laws  or  cus- 
toms of  this  State,  have  usually  been  liable  to,  or 
have  exercised.  And  if  any  person  shall  resist  or 
oppose  the  Sheriff,  or  any  Under  or  Deputy  Sher- 
iffs, in  the  lawful  execution  of  the  duties  of  his  or 
their  office,  every  such  person  shall,  upon  conviction 
in  any  Court  of  competent  jurisdiction,  be  fined  in 
any  sum  not  exceeding  eighty  dollars.  And  every 
Under  or  Deputy  Sheriff  shall  produce  his  deputa- 
tion whenever  the  same  shall  be  lawfully  demanded 
by  any  person  whomsoever. 

Sec.  28.  It  shall  be  the  duty  of  the  City  Sheriff 
to  keep  a  book,  wherein  he  shall  enter  an  account  of 
all  moneys  received  by  him  in  the  execution  of  his 
office,  for  the  corporation,  which  book  shall  be  con- 
sidered, and  hereby  is  declared  to  be  a  public  record, 
and  to  be  left  by  the  said  Sheriff  in  the  office  at  the 
expiration  of  his  term  of  office.  The  said  Sheriff 
shall,    at   the   expiration   of   every   month,    lay   an 


Salary. 


DeiJiities. 


To      make      all 
proclamations. 


Penalty  for  op- 
posing City  Sher- 
i  ft". 


Oct.  10, 1826,,     S9. 

To  keep  a  book 
in  which  shall 
be  entered  an  ac- 
count of  all  mon- 
eys    receiver!. 


To  render  a 
monthly  account 
of    moneys. 


14 


SHERIFF. 


attested  statement  of  all  moneys  received  by  him  on 
account  of  the  corporation,  before  the  City  Council, 
and  shall  pay  over  the  same  within  the  said  period 
of  one  month,  to  the  City  Treasurer ;  and  if  the  said 
Sheriff  shall  refuse  or  neglect  so  to  do.  he  shall  for- 

Penaity.  fcit  and  pay,  for  the  use  of  the  City,  the  sum  of  fifty 

dollars  for  every  such  neglect,  together  with  a  fine 
of  five  per  cent,  per  month  on  the  amount  received 
by  him,  and  not  accounted  for,  or  paid  over  within 
the  period  aforesaid ;  to  be  sued  for  and  recovered  in 
the  City  Court. 

Sep.  1, 1825,  §1-  Sec.  29.  It  shall  be  the  duty  of  the  City  Sheriff, 
To  make  return    at  Certain  pcriods  in  every  vear,  to  wit :    On  the  first 

on    ist    Tune    and       ,  -     -p  ,  1         r  1  r    t->v  1 

DecembeV  upon  day  ot  Juuc,  and  on  the  first  day  oi  December,  to 
ffon!  ^''  ^^'^  make  a  full  and  just  return  on  oath,  to  the  City 
Treasurer,  upon  each  and  every  tax  execution  which 
may  have  been  lodged  in  his  office  by  the  City 
Treasurer,  or  by  the  direction  of  the  City  Council ; 
and  upon  all  other  claims  due  the  said  City,  which 
may  have  been  lodged  in  his  office  for  collection,  by 
order  of  the  City  Council,  or  by  any  of  the  City 
officers,  by  their  authority,  or  under  any  of  the  City 
Ordinances ;  and  he  is  hereby  further  required,  upon 
making  such  return,  to  furnish  the  said  City  Treas- 
urer with  an  abstract  or  schedule,  in  which  shall  be 
distinctly  noted  the  names  of  all  persons  against 
\\hom  such  tax  executions  have  been  issued ;  and  of 
such  persons  by  whom  any  of  the  claims  may  be  due 
and  owing  which  he  has  been  directed  to  collect  as 
above  mentioned ;  the  amount  due  by  each,  and  a 
memorandum  of  the  nature  of  the  return ;  and  upon 
his  failing  to  make  such  return,  the  said  Sheriff 
shall  be  charged  with  the  amount  of  the  said  tax 
executions,  and  other  claims  in  behalf  of  the  City, 
which  may  have  been  placed  in  his  hands  as  afore- 
said;  and  if,  in  making  his  return  the  said  City 
Sheriff  shall  omit  any  one  or  more  tax  executions, 
or  the  name  of  any  person  by  whom  any  of  the 


SHERIFF. 


15 


Other    claims    mentioned    above    may    be    due    and 

owing,  he  shall  be  charged  with  the  amount  thereof.         ib.,  §2. 

Sec.  30.     It  shall  be  the  duty  of  the  City  Treas-      cuy   Treasurer 
urer,  in  every  year,  at  the  first  meeting  of  the  City  coundr^°  whet  her 
Council,  after  the  first  days  of  June  and  December,  ^^^^  refjrns  ''^^ 
to  report  to  the  said  City  Council  whether  the  said 
City  Sheriff  has  made  his  return  as  above  required ; 
and  if  the  return  be  made,  to  lay  before  Council  the 
schedule  or  abstract  furnished  to  him  by  the  City 
Sheriff,  as  above  directed;  and  if  the  City  Sheriff" 
shall  fail  to  make  his  return,  it  shall  be  the  duty  of 
the  said  City  Treasurer  to  place  the  ofiicial  bond  of 
the  said  City  Sheriff  in  the  hands  of  the  Corporation 
Counsel,  and  to  cause  suit  to  be  commenced  upon  the 
same  forthwith,  against  the  said  City  Sheriff  and  his 
securities,  and  report  such  proceedings  to  Council. 

Sec.  ^i.     The  person  elected  to  the  office  of  City  Oct.  10,1826,  ss. 

^  '■  .  .         .  -^      Dec.    27,   1898. 

Sheriff  shall,  withm  three  weeks  mimediately  sue-    

11-  1    1      r  1  1  Bond  to  be  giv- 

ceedmg  such  election,  and  before  he  enters  on  the  en  by  city  sher- 
duties  of  his  office,  give  a  bond,  drawn  payable  to 
the  City  Council  of  Charleston,  their  successors  and 
assigns,  in  the  sum  of  ten  thousand  dollars,  condi- 
tioned for  the  due  and  faithful  discharge  of  the 
duties  of  said  office,  as  required  or  to  be  required 
by  law,  which  bond  shall  be  executed  by  the  said 
Sheriff-elect,  and  any  number  of  sureties,  not  less 
than  three,  to  be  bound  jointly  and  severally. 

Sec.  32.     No  person  to  be  elected  as  aforesaid.         ib.,  §  6. 


to  the  office  of  City  Sheriff,  shall  be  permitted,  by  to  obtain  cer- 
the  Judge  of  the  City  Court,  to  enter  upon  the  duties  has''''  been  exe- 
of  his  office,  until  he  hath  recorded,  in  the  office  of 
the  Clerk  of  the  City  Court,  a  certificate  from  the 
Mayor  of  the  City,  who  is  hereby  authorized  to  give 
the  same,  that  such  Sheriff  hath  duly  executed  the 
bond  aforesaid,  and  lodged  in  the  office  of  the  City 
Treasurer,  such  bond,  with  such  security  as  is  herein 
required,  and  hath  been  duly  qualified. 

Sec.  T)^.    a  fair  and  true  copy  of  the  books  of  the 


16 


SHERIFF. 


lb.,    §    10. 

T  o  leave  a 
copy  of  books 
after  expiration 
of   office. 


Penallv. 


lb.,    S    12. 

To  turn  over 
to  his  successor 
all  papers  and 
prisoners. 


Penaltv. 


Mar.  8,1841,  § 
Aug.  3,1851,  § 
Nov.    ID,    1896. 

.Salarv. 


Election. 


City  Sheriff  shall  be  made  at  his  own  expense,  in 
books  well  and  strongly  bound,  and  shall  be  lodged 
within  three  months  after  the  expiration  of  his  office, 
and  be  kept  as  public  records  in  the  office  of  the 
City  Sheriff;  and  every  such  Sheriff  refusing  or 
neglecting"  to  lodge  his  original  books  or  the  said 
copies  within  the  term  aforesaid,  shall  forfeit  and 
pay  the  sum  of  live  hundred  dollars,  for  the  use  of 
the  City ;  to  be  sued  for  in  any  court  having  compe- 
tent jurisdiction. 

Sec.  34.  The  City  Sheriff  shall,  at  the  expiration 
of  his  office,  turn  over  to  his  successor,  by  indenture 
and  schedule,  all  such  writs,  executions,  and  process, 
as  shall  remain  in  his  hands  unexecuted,  who  shall 
execute  and  return  the  same ;  and  shall,  also,  deliver 
to  his  successor  in  office,  the  custody  of  all  such  per- 
sons as  shall  be  confined  under  his  charge,  with  the 
cause  of  their  detention ;  and  on  failure  thereof,  for 
the  space  of  two  months  after  the  expiration  of  his 
office,  the  said  Sheriff  shall  forfeit  and  pay  for  each 
refusal  or  neglect,  the  sum  of  one  hundred  dollars, 
for  the  use  of  the  City. 

Sec.  35.  The  City  Sheriff  shall  receive  a  salary 
of  eighteen  hundred  dollars  per  annum,  payable 
monthly,  which  shall  be  in  full  payment  and  com- 
pensation of  all  salary,  fees,  costs  and  emoluments 
whatsoever  and  in  lieu  of  the  same.  The  Sheriff 
shall,  as  often  as  once  a  month,  pay  over  to  the  City 
Treasurer  all  moneys,  fees  and  costs  received  by  him 
for  the  City  and  all  costs  and  fees  received  by  him 
with  a  statement  of  the  different  accounts  on  which 
the  same  were  received,  taking  a  receipt  for  the 
same. 

Sec.  36.  The  next  election  for  City  Sheriff  shall 
take  place  on  the  third  Tuesday  in  November,  A. 
D.  [906  and  on  the  same  day  in  every  fourth  year 
thereafter. 


TREASURER. 


17 


CHAPTER  IV. 

FINANCIAL  DEPARTMENT. 

TREASURER ASSESSOR ASSESSMENT  AND  TAXA- 
TION  ACCOUNTS SINKING  FUND. 

Section  2^"].     A  City  Treasurer  shall  be  elected   Jan. 6, 1845.    §i- 


by  the  City  Council  on  the  third  Tuesday  in  Octo-  Election. 
tober,   A.   D.   nineteen  hundred  and  three,  and  on 
the  same  day  in  every  fourth  year  thereafter. 

Sec.  38.  The  person  elected  to  the  office  of  City  Oct.  10,  i8j6,  §  i. 
Treasurer  shall,  within  three  weeks  immediately  Bon.i. 
succeeding  his  election,  and  before  he  enters  on 
the  duties  of  his  office,  give  a  bond  to  the  City 
Council  of  Charleston  their  successors  and  assigns, 
in  the  sum  of  twenty-five  thousand  dollars,  condi- 
tioned for  the  due  and  faithful  discharge  of  the 
duties  of  the  said  office,  as  required,  or  to  be  required 
by  law ;  which  bond  shall  be  executed  by  the  said 
Treasurer  elect,  and  any  number  of  securities,  not 
less  than  four,  to  be  bound  jointly  and  severally. 

Sec.  39.     The  City  Treasurer,   for  his  services,    Dec.  3,1867,    §1. 
shall  receive  an  annual  salary  of  twenty-five  hun-  oct.'ly.'i'poi.'    ^'' 
dred  dollars,  payable    monthly,    out    of    the    City    '^^^ 
Treasury. 

Sec.  40.     The  City  Treasurer  shall  be,  and  he  is  jan.e,  1845,  %2. 
hereby  authorized  and  empowered  to  appoint  one     ^'^'^'^    '''    ^'' 


or  more  clerks,  subject  to  the  approval  of  Council,  ap^^nt^^'^'^'^cierks 
to  aid  him  in  the  performance  of  the  duties  of  liis  ,^^q    sureties"'to 
office ;  who  shall,  if  required  by  the  City  Treasurer,   tjeg'^^op  ^IT  of- 
enter  into  bond,  with  two  sureties,  to  be  approved  ^'^'^• 
of  by  the  City  Treasurer,  in  the  penal  sum  of  ten 
thousand  dollars  each,  conditioned  for  the  due  and 
faithful   discharge   of   the   duties   of   his   office,    as 
required,  or  to  be  required  by  law;  which  bond  shall 
be  drawn  payable   to   the    City    Treasurer,    or   his 
2 


18 


TREASURER. 


Salary 
clerks. 


of 


Oct.  10, 1826,    §13. 

Moneys  to  be 
deposited  in  such 
bank  as  Council 
shall   direct. 


All 
to     be 
checks. 


assigns.  The  said  clerks  to  the  City  Treasurer,  for 
the  faithful  discharge  of  the  duties  required  to  be 
performed  by  them  for  the  City  Council  and  for  the 
City  Treasurer,  shall  receive  such  salaries  as  may 
be,  from  time  to  time,  fixed  by  the  City  Council,  and 
payable  out  of  the  City  Treasury.  The  City  Treas- 
urer shall  have  power,  at  all  times,  to  remove  the 
clerks  whom  he  may  so  appoint,  and  to  engage  others 
in  their  place.  Nothing  herein  contained  shall  be 
construed  to  exempt  said  Treasurer  from  liability 
for  the  misconduct  or  defalcation  of  said  clerks  so 
appointed. 

Sec.  41.  It  shall  be  the  duty  of  the  City  Treasur- 
er and  City  Sheriff  to  deposit,  in  such  bank  as 
Council  shall  direct,  all  and  every  sum  or  sums  of 
money  received  by  them  in  their  official  capacity, 
immediately  after  the  same  has  been  received  in 
their  respective  names,  as  public  officers,  distinct 
from  any  deposit  made  by  them,  or  either  of  them, 
in  their  name,  and  on  their  own  account,  as  private 
individuals ;  and,  on  failure  of  making  such  deposit 
in  the  manner  hereby  prescribed,  or  on  either  of  the 
said  officers  depositing  moneys  received  by  them 
respectively,  by  virtue  of  their  office,  in  any  other 
bank  than  that  designated  by  Council,  the  said  officer 
so  offending  shall  forfeit  and  pay  for  each  and  every 
offence  twenty-five  per  cent,  on  the  amount  so 
neglected  to  be  deposited  as  aforesaid ;  to  be  recov- 
ered in  any  Court  of  competent  jurisdiction  one 
moiety  thereof  for  the  use  of  the  City,  and  the  other 
moiety  for  the  use  of  such  person  or  persons  as  shall 
give  information  of  the  same,  and  prosecute  the 
same  to  effect. 

Sec.  42.  No  payment  shall  be  made  by  the  said 
payments  city  officcrs  ill  auy  other  manner  than  by  a  check  or 
draft  upon  bank,  as  Council  shall  direct  them  to 
deposit,  in  the  moneys  received  in  their  official  ca- 
pacity, so  as  to  make  it  indispensably  necessary  for 


lb.,     §14. 


ASSESSOR. 


19 


the  said  officers  to  deposit  their  money  in  such  bank 
previous  to  their  making  such  payment ;  and  in  case 
either  of  the  said  officers  shall  pay  over  money 
otherwise  than  is  hereby  directed,  such  officer  shall 
forfeit  and  pay,  for  each  offence,  the  sum  of  fifty 
dollars,  for  the  use  of  the  City.  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to 
prevent  the  City  Treasurer  from  keeping  in  his  of- 
fice, for  the  smaller  expenses  of  the  City,  a  sum  not 
exceeding  fifty  dollars. 


Exception. 


Assessor. 


Sec.  43.  City  Council  shall,  at  their  first  regular 
meeting  in  January,  A.  D.  nineteen  hundred  and 
six,  or  on  the  first  meeting  of  Council  there- 
after, and  on  the  same  day  every  fourth  year  there- 
after, elect  an  Assessor,  who  shall  receive  a  salary  of 
eighteen  hundred  dollars  per  annum,  payable 
monthly. 

Sec.  44.  Before  entering  upon  the  duties  of  his 
office,  the  Assessor  shall  give  bond  in  the  sum  of 
five  thousand  dollars,  with  two  good  and  sufficient 
sureties,  to  be  approved  by  the  Mayor,  conditioned 
for  the  faithful  performance  of  the  same. 

Sec.  45.  It  shall  be  the  duty  of  the  Assessor,  in 
each  and  every  year,  to  verify  the  returns  made  to  his 
office,  with  the  returns  made  to  the  County  Auditor 
for  State  taxation,  and  to  keep  a  full  and  complete 
record  of  the  same,  setting  forth  the  location,  value 
and  description  of  all  lands  and  buildings  liable  to 
taxation. 

Sec.  46.  It  shall  be  the  duty  of  the  Assessor  to 
keep  in  his  office,  in  a  book  well  and  strongly  bound, 
an  alphabetical  list  of  all  real  estate  owners  within 
the  limits  of  the  City,  showing  the  appraised  value 
of  each  piece  or  parcel  of  real  estate ;  the  width  and 
depth,  and  number   of   each    lot,    and   the   kind    of 


Nov.  14, 1871,     §2. 

City  Council 
to  elect  an  As- 
sessor. 


lb.,    §    3- 
Salary. 

Oct.  9, 1869,     §3. 
Bond. 


Oct.  28,1869,     §1- 

To  keep  a  list 
of  real  estate 
owners  with  de- 
scription of  prop- 
erty. 


lb. 

Nov.    24,    1896. 


Annual 
praisement. 


ap- 


20 


ASSESSOR. 


lb.,   §    2. 
Nov.    24,    1896. 

Time  for  re- 
ceiving returns  to 
be     published. 


Returns     to     be 
made   for   default- 


lb-    §    3- 

Record  to  be 
kept  of  all 
changes  in  real 
property. 


Sept.    10,    1895. 

Assessor   to   ap- 
point   Clerk. 


Salary. 


Assessor 
have  power 
remove    Clerk. 


to 
to 


building  or  buildings,  if  any,  thereon,  together  with 
the  amount  of  tax  assessed  upon  each  and  every  piece 
or  parcel  of  said  property. 

Sec.  47.  The  Assessor  shall  publish  for  the  in- 
formation of  the  people  the  time  at  which  the 
returns  for  taxes  shall  be  made,  and  after  the  expira- 
tion of  the  time  designated  for  making  the  same,  he 
shall  proceed  to  make  copies  of  the  returns  to  the 
County  Auditor  for  State  and  County  taxation  of 
such  taxpayers  as  have  failed  to  make  returns  to  the 
City,  and  shall  assess  the  City  taxes  due  thereon, 
and  deliver  the  same  to  the  City  Treasurer. 

Sec.  48.  The  Assessor  shall  also  keep  a  careful 
record  of  all  changes  in  real  property,  whether  by 
improvement,  injury  or  destruction,  and  shall  report 
the  same  to  the  County  Auditor,  with  a  view  to  an 
equitable  increase  or  decrease  of  the  appraisement 
thereof,  and  in  addition  to  the  several  duties  herein 
prescribed,  he  shall  perform  all  the  duties,  not  incon- 
sistent herewith,  as  may  be  prescribed  by  the  City 
Council. 

Sec.  49.  That  from  and  after  the  second  Tues- 
day in  January,  A.  D.  1896,  the  City  Assessor  shall 
be,  and  is  hereby  authorized  and  empowered  to  ap- 
point a  clerk,  subject  to  the  approval  of  the  City 
Council,  to  aid  him  in  the  performance  of  the  duties 
of  his  office.  The  said  clerk  shall  receive  such  salary 
as  may  be,  from  time  to  time,  fixed  by  the  City 
Council,  and  payable  monthly  out  of  the  City  Treas- 
ury. The  City  Assessor  shall  have  power  at  all 
times  to  remove  the  clerk  whom  he  may  appoint, 
and  engage  another  in  his  place.  Nothing  herein 
contained  shall  be  construed  to  exempt  the  said  City 
Assessor  from  liability  for  the  misconduct  or  mal- 
feasence  of  said  clerk  so  appointed. 


ASSESSMENT  AND   TAXATION. 


21 


Assessment  and  Taxation. 


"Personal    prop- 
erty"   defined. 


Sec.    50.      That   all   real   and   personal   property  Feb.  13,1870,  §  i. 
within  the  limits  of  the  City  of  Charleston  shall  be  J=^"-'8>'87i.  \  3. 
appraised,  and  all  taxes  shall  be  levied  thereon  at  a  ^°''  ^•'-  ^^"^y- 
uniform  and  equal  rate. 

Sec.  51.  The  term  "personal  property,"  as  used  Feb.  13, 1870.  § 
in  this  Ordinance,  shall  be  held  to  mean  and  include 
all  things,  other  than  real  estate,  which  have  any 
pecuniary  value,  and  moneys,  credits,  investments  in  ^^^^^^^ 
bonds,  stocks,  joint-stock  companies,  or  otherwise. 
The  term  "money"  or  "moneys,"  as  used  in  this 
Ordinance,  shall  be  held  to  include  gold,  silver  and  . 
other  coin,  bank  bills,  and  other  bills  or  notes  au- 
thorized to  be  circulated  as  money,  whether  in  pos- 
session or  on  deposit,  subject  to  the  draft  of  the 
depositor  or  person  having  the  beneficial  interest 
therein  on  demand.  The  term  "credits,"  as  used  in  Credits. 
this  Ordinance,  shall  be  held  to  mean  the  remainder 
due,  or  to  become  due  to  a  party,  after  deducting 
from  the  amount  of  all  legal  debts,  claims  and  de- 
mands in  his  favor,  the  amount  of  all  legal  debts 
and  demands  against  him,  whether  such  demands 
be  payable  in  money,  labor,  or  other  valuable  things. 
But,  in  ascertaining  such  remainder,  no  deduction 
shall  be  made  of  any  obligation  to  any  mutual  in- 
surance company,  given  for  insurance,  nor  of  any 
subscription  to  the  capital  stock  of  any  joint-stock 
company,  nor  of  any  taxes  assessed  against  the 
party,  nor  of  any  subscription  to  any  religious, 
scientific,  literary  or  charitable  purpose,  nor  of  any 
acknowledgment  of  a  liability  not  founded  on  a 
legal  and  valuable  consideration,  nor  any  more  of 
any  joint  liability  with  others  than  the  party  honestly 
believes  he  will  be  compelled  to  pay,  nor  any  contin- 
gent liability,  nor  of  any  acknowledgment  of  debt 
or   liability   made    for   the   purpose   of   diminishing 


22 


ASSESSMENT  AND  TAXATION. 


Investment 
bonds. 


Investment 
stocks. 


Oath. 


'Person 
party. 


and 


Generic     terms. 


Time. 

lb.,    i? 


Property 
empt  from 
tion. 


e  X  - 

taxa- 


the  amount  of  credit,  to  be  returned  for  taxation. 
The  phrase  "investment  in  bonds,"  as  used  in  this 
Ordinance,  shall  be  held  to  mean  all  investments  of 
money,  or  means  in  bonds  of  whatsoever  kind, 
whether  issued  by  the  Government  of  the  United 
States,  or  of  this,  or  any  State  or  Territory  of  the 
United  States,  or  any  foreign  government,  or  any 
County,  City,  Town,  Township  or  other  munici- 
pality, or  by  any  corporation  or  company  of  this, 
or  any  other  State  or  country.  The  phrase  "invest- 
ment in  stocks,"  as  used  in  this  Ordinance,  shall  be 
held  to  mean  and  include  all  investments  of  money 
or  means  in  the  evidences  of  indebtedness,  other  than 
bonds  or  bills  designed  to  circulate  as  money, 
issued  by  any  government  or  municipality,  and 
shares  of  the  capital  of  any  corporation  or  company, 
or  association,  and  every  interest  in  any  such  shares 
or  portions  thereof;  also  all  interests  or  shares  in 
ships,  boats  or  other  vessels,  used  or  designed  to  be 
used,  exclusively  or  partially,  in  navigating  the 
wni-^rs  within  or  bordering  on  this  State,  whether 
.->uch  ship,  boat  or  vessel  be  within  the  jurisdiction 
of  this  State  or  not,  and  whether  such  vessel  be  reg- 
istered or  licensed  at  anv  collector's  office  in  this 
State  or  not.  The  word  "oath,"  as  used  in  this 
Ordinance,  shall  be  held  to  mean  and  include  an 
affirmation  duly  made.  The  words  "person"  and 
"party,"  and  other  word  or  words  importing  the 
singular  number,  as  used  in  this  Ordinance,  shall  be 
held  to  include  firms,  companies,  associations  and 
corporations,  and  all  words  in  the  plural  number 
shall  apply  to  single  individuals  in  all  cases  where  the 
spirit  and  intent  of  this  Ordinance  requires  it.  All 
words  in  this  Ordinance,  importing  the  masculine 
gender,  shall  apply  to  females  also,  and  all  words  in 
this  Ordinance  importing  the  present  tense,  shall 
apply  to  the  future  also. 

Sec.  52.    The  following  property  shall  be  exempt 
from  taxation,  to  wit  : 


ASSESSMENT  AND   TAXATION. 


23 


1.  All  real  and  personal  property,  the  rents, 
issues,  incomes  and  profits  of  which  have  been,  or 
shall  be  given  exclusively  for  the  endowment  or 
support  of  public  schools,  so  long  as  such  property, 
or  the  rents,  issues,  incomes  or  profits  thereof  shall 
be  applied  exclusively  for  the  support  of  free  educa- 
tion in  said  schools. 

2.  All  property  owned  exclusively  by  the  United 
States,  or  this  State,  or  this  City. 

3.  All  property  belonging  to  institutions  of  purely 
public  charity,  and  used  exclusively  for  the  main- 
tenance and  support  of  such  institutions,  and  all 
church  property  exempted  by  the  Constitution. 

4.  All  fire  engines,  and  other  implements  used  in 
the  extinguishment  of  fires,  when  owned  by  the 
City,  or  any  organized  fire  company. 

5.  All  bonds  of  this  State  which,  by  the  terms  of 
the  Act  under  which  they  are  or  may  be  issued,  are 
or  may  be  exempted  from  taxation. 

6.  All  bonds  and  stocks  of  the  United  States, 
which  are  not  authorized  by  the  laws  of  the 
United  States,  to  be  taxed  under  State  authority. 

7.  All  pensions  payable  to  any  person  by  the 
United  States,  or  any  State  of  the  United  States. 

8.  All  the  wearing  apparel  of  the  person  required 
to  make  return  and  his  family. 

9.  Articles  actually  provided  for  the  present  sub- 
sistence of  the  person  or  his  family,  to  the  value  of 
one  hundred  dollars. 

Sec.  53.  Every  person  of  full  age  and  of  sound 
mind,  except  married  women,  shall  annually  list  for 
taxation  the  following  personal  property,  to  wit  : 

1.  All  the  tangible  personal  property  in  the  City 
owned  or  controlled  by  him. 

2.  All  the  tangible  ])ersonal  property  owned  by 
him  or  other  residents  of  the  City,  under  his  control, 
which  may  be  temporarily  out  of  the  City,  but  is 
intended  to  be  brought  into  the  City. 


Property  d  e  - 
voted  to  the  sup- 
port of  public 
schools. 


Property  owned 
by  the  U.   S.,  etc. 


Charitable  in- 
stitutions and 
churches. 


Fire     engines. 


State    Bonds. 


U.       S.      bonds 
and    stocks. 


Pensions. 


Wearing    appar- 


Subsistence. 


lb.,     §     4- 

Perso.al     prop- 
erty   to   be    listed. 


Personal  prop- 
erty owned  in 
the    City. 

Personal  prop- 
erty temporarily 
out   of   the    City. 


24 


ASSESSMENT  AND  TAXATION. 


Perso'  al     prop- 
erty   sent    out    of 
the       City       and 
not   sold. 


Moneys,  cred- 
its, and  invest- 
ments. 


Who    shall 
property. 


list 


lb.,    §    5- 

Persons  listing 
property  for  oth- 
ers to  list  it  in 
name    of   owner. 


lb.,    §    6. 

Property  to  be 
returned  for  taxa- 
tion. 


3.  All  tangible  personal  property  owned  or  con- 
trolled by  him,  which  may  have  been  sent  out  of  the 
City  for  sale,  and  not  yet  sold. 

4.  All  the  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies,  or  otherwise,  owned 
or  controlled  bv  him,  whether  in  or  out  of  the 
City. 

The  property  of  every  ward  shall  be  listed  by  his 
guardian;  of  every  minor  child  having  no  other 
guardian,  by  the  father,  if  living;  if  the  father  be 
dead,  by  the  mother,  if  living;  if  the  mother  be 
dead  or  married,  by  the  person  having  it  in  charge ; 
of  the  wife,  by  the  husband,  if  living  and  sane,  and 
the  parties  are  residing  together;  if  the  husband  is 
dead,  or  is  insane,  or  is  not  living  with  his  wife,  by 
the  wife ;  of  every  person  for  whose  benefit  property 
is  held  in  trust,  by  the  trustee;  of  every  deceased 
person  by  the  executor  or  administrator ;  of  those 
whose  property  or  assets  are  in  the  hands  of 
receivers,  by  such  receivers ;  of  every  firm,  com- 
pany, body  politic  or  corporate,  by  the  president,  or 
principal  accounting  officer,  partner,  or  agent 
thereof ;  of  all  persons  in  the  hands  or  custody  of 
any  public  officer  or  appointee  of  a  Court,  by  such 
officer  or  appointee ;  of  those  absent  or  unknown, 
by  their  agent,  or  the  person  having  it  in  charge. 

Sec.  54.  All  persons  required  by  this  Ordinance 
to  list  property  for  others,  shall  list  it  separately 
from  their  own,  and  in  the  name  of  the  owner 
thereof;  but  shall  be  personally  responsible  for  the 
taxes  thereon,  for  the  year  in  which  they  list  it,  and 
may  retain  so  much  thereof,  or  the  proceeds  of  the 
sale  thereof  in  their  own  hands,  as  will  be  sufficient 
to  pay  such  taxes. 

Sec.  55.  All  horses,  neat  cattle,  mules,  asses, 
sheep,  goats,  hogs,  wagons,  carts  and  other  vehicles 
used  in  any  business ;  furniture  and  supplies  used  in 
hotels,  restaurants  and  other  houses  of  public  resort ; 


ASSESSMENT  AND   TAXATION.  25 

all  personal  property  used  in,  or  in  connection  with 
storehouses,  manufactories,  warehouses,  or  other 
places  of  business ;  all  personal  property  or  farms ; 
all  merchants"  and  manufacturers'  stock  and  capital 
shall  be  returned  for  taxation  and  taxed ;  all 
bankers'  capital  and  personal  assets  pertaining  to 
their  banking  business  in  the  City ;  all  shares  of  stock 
in  incorporated  banks  located  in  the  City ;  all  perso- 
nal property  of  deceased  persons  shall  be  returned 
iov  taxation  by  the  executor  or  administrator,  and 
all  personal  property  shall  be  returned  for  taxation. 

Sec.    s6.     Every  person  required  by  this  Ordi-   _     i^.,  §  7. 

^'  -      ^  ^  -^  Jan.  18,  1871,     §3. 

nance  to  list  property  shall,   annually    between  the  9th  May,  1882. 

^        ^  '  .         '  Nov.    24,    1896. 

first  day  of  January  and  the  twentieth  day  of  Febru-   — 

^  '  .  1  \  Time    for    mak- 

ary  make  out  and  deliver  to  the  Assessor,  or  other  ing  returns. 
person  duly  designated  for  that  purpose,  a  statement, 
verified  by  ITis  oath,  of  the  real  and  personal  property 
possessed  by  him,  or  under  his  control,  on  the  first 
day  of  January  of  that  year,  either  as  owner,  agent, 
parent,  husband,  guardian,  executor,  administrator, 
trustee,  receiver,  officer,  partner,  factor  or  holder, 
with  the  value  thereof,  on  the  said  first  day  of  Jan- 
uary, at  the  place  of  return,  estimating  according  to 
the  rules  prescribed  by  this  Ordinance,  which  state- 
ment, in  addition  to  a  description  of  the  real  estate, 
shall  set  forth  : 

1.  The  number  of  horses,  and  their  value.  veui'Jns^'^*^'      °' 

2.  The   number   of   mules   and   asses,    and   their 
value. 

3.  The  number  of  neat  cattle,  and  their  value. 

4.  The   number   of   sheep   and   goats,    and    their 
value. 

5.  The  number  of  hogs,  and  their  value. 

6.  The  value  of  gold  and  silver  plate,  and  number 
of  gold  and  silver  watches,  and  their  value. 

7.  The  number  of  piano  fortes,  melodeons,  cabinet 
organs,  and  their  value. 

8.  The  number  of  pleasure  carriages,  and  their 
value. 


26 


ASSESSMENT  AND  TAXATION. 


Feb.  13,1870,    §8. 

Merchants  re- 
quired to  render 
statement  of  val- 
ue personal  prop- 
erty, moneys  and 
credits. 


lb.,    S    9- 


Manufacturers 
required  to  ren- 
der statement  of 
property  pertain- 
ing to  business  as 
manufacturer. 


9. The  number  and  value  of  dogs. 

10.  The  value  of  goods,  merchandise,  moneys  and 
credits  pertaining  to  his  business  as  a  merchant. 

1 1.  The  value  of  materials  received,  used,  or  pro- 
vided to  be  used  in  his  business  as  a  manufacturer. 

12.  The  value  of  all  machinery,  engines,  tools, 
fixtures  and  implements  used,  or  provided  for  his 
use,  in  his  business  as  a  manufacturer,  and  of  all 
manufactured  articles  on  hand  one  year  or  more. 

13.  The  value  of  all  moneys,  including  bank  bills 
and  circulating  notes. 

14.  The  value  of  all  credits. 

15.  The  value  of  investments  in  the  stocks  and 
bonds  of  any  company  or  corporation  out  of  the 
city,  except  National  Banks. 

t6.  The  value  of  all  investments  in  stocks  and 
lionds,  except  bonds  of  the  United  States  and  this 
State  and  City,  expressly  exempted  from  taxation 
by  the  law  under  which  they  were  issued. 

17.  The  annual  value  of  all  leases. 

18.  The  value  of  all  other  property. 

Sec.  57.  Any  person  who  shall,  at  any  place  in 
this  City,  be  engaged  in  the  business  of  buying  and 
selling  personal  property,  or  in  selling  personal  prop- 
erty consigned  to  him  from  any  place  wnthin  this 
City,  or  property  not  the  product  of  this  City,  con- 
signed to  him  from  any  place  within  this  City,  shall 
be  held  to  be  a  merchant,  and,  at  the  same  time  he 
is  required  to  list  his  other  personal  property,  shall 
deliver  to  the  Assessor,  or  other  officer  designated 
therefor,  a  statement,  under  his  oath,  of  the  value  of 
the  personal  property,  moneys  and  credits  pertaining 
to  his  mercantile  business. 

Sec.  58.  Every  person  engaged  in  making,  fab- 
ricating, or  changing  things  into  new  forms  for  use, 
or  in  refining,  rectifying  or  combining  different  ma- 
terials for  use,  shall  be  held  to  be  a  manufacturer, 
and  shall  at  the  same  time  he  is  required  to  list  his 


ASSESSMENT  AND  TAXATION. 


21 


Other  property,  make  and  deliver  to  the  Assessor 
or  other  officer  duly   designated  therefor,   a  state- 
ment, under  oath,  of  the  value  of  the  personal  prop- 
erty, moneys  and  credits  pertaining  to  his  business 
as  a  manufacturer. 

Sec.  59.  Any  person  or  persons,  company  or  cor- 
poration, engaged  in  the  business  of  conveying  to, 
from  or  through  tliis  City,  or  any  part  thereof, 
moneys  and  other  personal  property,  shall  be  held 
to  be  an  express  company,  and  any  person  or  per- 
sons, company  or  corporation  engaged  in  the  busi- 
ness of  transmitting  messages  to,  from  and  through 
this  City,  or  any  part  thereof,  shall  be  held  to  be  a 
telegraph  company;  and  any  such  company  having 
its  principal  office  out  of  this  City,  shall  annuall}', 
in  the  month  of  January,  or  before  the  20th  of  Feb- 
ruary, by  its  principal  agent  m  this  City,  make  out 
and  deliver  to  the  City  Assessor  a  statement,  under 
oath,  showing  the  value  of  all  its  personal  property 
in  this  City,  including  poles,  wires,  batteries,  ma- 
chinery, materials  and  apparatus,  together  with  the 
gross  earnings  of  said  company  in  this  City  for  the 
business  done  in  this  City  for  the  year  ending  the 
thirty-first  day  of  December,  and  the  company's 
proportion  of  receipts  for  business  done  in  connec- 
tion with  the  lines  of  other  companies  out  of  this 
City.  Provided,  That  ordinary  transportation  com- 
panies engaged  exclusively  in  the  transportation  of 
merchandise,  in  connection  with  other  roads  or  lines 
of  navigation,  shall  not  1)e  considered  express  com- 
panies, within  the  meaning  of  this  Section.  That 
all  telephone  companies  shall  make  to  the  Assessor, 
at  the  time  herein  specified,  the  same  return  as  is 
herein  required  to  be  made  by  telegraph  companies. 

Any  person,  company  or  corporation  commencing 
any  business  in  this  City  after  the  first  day  of  Jan- 
uary in  any  year,  the  capital  or  personal  property 
employed  in  which  shall  have  not  been  previously 


May  27,   1884. 
Nov.  24,   1896. 


Express 
panics. 


Com- 


Telegraph 
Companies. 


Statement  to 
be  made  of  tlie 
value  of  property, 
and  of  gross 
earnings. 


Proviso. 


Telephone 
Companies. 


Persons  com- 
mencing business 
after  ist  June, 
shall,  within  30 
days,  make  re- 
port to  City  As- 
sessor. 


28 


ASSESSMENT  AND   TAXATION. 


To    be    charged 
a  pro  rata  tax. 


Assessor  to  as- 
certain names  of 
such   persons. 


Penalty  for 

failure    to     report 
to   Assessor. 

Feb.  13,  1870,        § 

:o. 
Nov.    26,    1896. 

T  e  1  eg  r  la  p  h 
and  railroad 

Companies. 


Return  o  f 

personal         assets 
for    taxation. 


returned  for  taxation,  for  such  year,  shall,  within 
thirty  days  after  commencing  such  business,  report 
to  the  City  Assessor,  under  oath,  the  average  amount 
of  the  capital  intended  to  be  employed  in  such  busi- 
ness, from  the  time  of  its  commencement  to  the  first 
day  of  January  next  ensuing,  and  said  City  Assessor 
shall  charge  him  or  them  with  such  proportion  of 
all  taxes  levied  on  others  upon  similar  capital  or 
property  as  the  time  from  the  commencement  of  the 
business  to  the  ensuing  first  day  of  January  bears  to 
one  year. 

It  shall  be  the  duty  of  the  City  Assessor  to  ascer- 
tain the  names  of  all  persons  commencing  any  busi- 
ness after  the  first  day  of  January,  annually,  whose 
capital  or  property  employed  in  such  business  was 
not  returned  for  taxation  for  the  then  current  fiscal 
year,  and  assess  the  same  upon  the  persons  charge- 
able therewith.  If  any  person,  company  or  corpo- 
ration shall  commence  anv  business  after  the  first  dav 
of  January  in  any  year,  the  capital  or  property 
employed  in  which  shall  not  have  been  previously 
listed  for  taxation,  and  shall  not,  within  thirty  days 
thereafter,  make  such  report  to  the  city  assessor  as 
is  herein  required,  he,  she  or  they  shall  be  liable  to 
a  penalty  of  one  hundred  dollars. 

Sec.  60.  The  tools,  machinery,  wires, fixtures, 
vessels  and  carriages  owned  and  necessarily  in  daily 
use  by  any  telegraph  or  railroad  company  in  the 
prosecution  of  their  business,  shall,  for  the  purposes 
of  this  ordinance,  be  held  to  be  personal  property, 
and  the  president,  secretary  or  principal  account- 
ing officer  thereof  shall  include  the  value  thereof  in 
the  return  of  other  personal  assets  of  such  compaii}- 
for  taxation,  which  return  shall  be  made  in  the 
month  of  January,  on  or  before  the  twentieth  day  of 
February,  annually,  to  the  assessor,  or  other  officer 
duly  designated  therefor. 

Sec.  61.     The  president  and  secretary  of  every 


ASSESSMENT  AND  TAXATION. 


29 


railroad  company  whose  track  or  roadbed,  or  any 
part  thereof,  is  in  the  city,  shall,  annually,  between 
the  first  of  January  and  the  twentieth  day  of  Feb- 
ruary, return  to  the  assessor,  under  their  oaths,  the 
total  length  of  said  road  in  this  city, the  total  length 
of  their  double  track  in  this  city,  the  length  of  all 
their  side  tracks,  the  number  and  value,  each,  of  all 
their  locomotives,  engines,  passengers,  freight,  plat- 
form, gravel,  construction,  hand  and  other  cars  in 
this  city;  the  value  of  their  moneys  and  credits;  the 
total  value  of  their  entire  road,  appurtenances  and 
equipments  in  the  city.  The  president  and  secretary 
of  every  railroad  company  which  has  a  terminus  or 
depot  in  the  City  of  Charleston  shall  annually,  be- 
tween the  first  day  of  January  and  the  twentieth  day 
of  February,  return  to  the  assessor,  under  their 
oaths,  the  number  and  value  each  of  all  locomotives, 
engines,  passenger,  freight,  platform,  gravel,,  con- 
struction, hand  and  other  cars  in  the  city ;  the  value 
of  their  moneys  and  credits,  and  the  total  value  of 
the  appurtenances  and  equipments  of  the  road  in  the 
city;whether  the  said  cars  and  equipment  be  on  their 
own  or  on  the  track  or  in  the  premises  of  other 
roads. 

Sec.  62.  The  return  and  oath  required  herein  of 
officers  of  railroad  companies  shall  be  made  in  such 
form  as  prescribed  by  the  Assessor. 

Sec.  63.  If  any  railroad,  its  appurtenances,  equip- 
ments, etc.,  shall  be  in  the  hands  of  a  receiver,  or 
other  officer,  such  receiver  or  other  officer  shall  make 
the  returns  required  herein. 

Sec.  64.  The  Assessor,  or  any  person  appointed 
by  him  for  that  purpose,  may  put  any  question,  in 
writing,  he  may  deem  proper,  to  any  officer,  agent, 
or  receiver  of  any  railroad  company,  having  any 
portion  of  its  stock  in  this  City  ;  and  he  may  summon 
any  officer,  receiver,  or  agent  of  such  company  to 
appear  before  him  and  testify,  under  oath,   (which 


lb.,   § 

Nov.    24, 


II. 
1896. 


Returns         of 
Railroad     Compa- 
nies. 


lb.,    § 


Form 
turns. 


of 


lb.,    §    13. 


Returns  to  be 
made  by  Receiv- 
ers. 


lb.,    §     14. 

Powers  of  As- 
sessor in  refer- 
ence  to   railroads. 


30 


ASSESSMENT  AND   TAXATION. 


Penalty. 


Assessor  to  as- 
certain and  re- 
turn personal 
property  of  per- 
sons sick,  absent, 
or  who  neglect  or 
refuse  to  make 
return. 


Assessor  a  u- 
thorized  to  ex- 
amine persons 
under   oath. 


lb.,    §    17. 


Form 
turns. 


of 


oath  said  Assessor  is  authorized  to  administer,) 
touching  such  railroad  company's  property,  and  the 
management  and  disposition  thereof ;  and  he  may, 
by  himself,  or  some  person  appointed  by  him,  exam- 
ine the  books  and  papers  of  such  company,  in  the 
hands  of  the  company,  or  any  of  its  officers,  agents 
or  receivers ;  and  all  such  officers,  agents,  and  receiv- 
ers shall  answer,  under  oath,  all  such  questions  as 
shall  be  put  to  them,  or  either  of  them,  by  said 
Assessor,  or  any  person  appointed  by  him  for  that 
purpose,  relative  to  the  condition,  amount,  and  value 
of  said  company's  property,  and  the  management 
or  disposition  thereof;  and  if  any  such  officer, 
receiver,  or  agent  shall  refuse  or  neglect  to  appear 
before  said  Assessor,  or  the  person  appointed  by 
him,  or  to  answer  any  question  put  to  him,  or 
them,  as  aforesaid,  or  submit  the  books  and 
papers  aforesaid  for  examination,  in  manner  afore- 
said, he  shall  be  subject  to  a  penalty  of  five  hundred 
dollars  and  costs  of  prosecution.  If  any  person  shall 
refuse  or  neglect  to  make  out  and  deliver  to  the 
Assessor  a  statement  of  personal  property  as  pro- 
vided by  this  Ordinance,  or  shall  refuse  or  neglect 
to  take  and  subscribe  an  oath,  as  to  the  truth  of 
such  statement,  or  any  part  thereof;  or  in  case  of 
the  sickness  or  absence  of  such  person,  the  Assessor 
shall  proceed  to  ascertain,  as  near  as  may  be,  and 
make  up  and  return  a  statement  of  the  personal  prop- 
erty, and  the  value  thereof,  with  which  such  person 
shall  be  charged  for  taxation,  according  to  the  pro- 
visions of  this  Ordinance ;  and  to  enable  such 
Assessor  to  make  up  such  statement,  he  is  authorized 
to  examine  any  person  or  persons,  under  oath,  and 
to  ascertain,  from  general  reputation  and  his  own 
knowledge  of  facts,  the  character  and  value  of  the 
personal  property  of  the  person  thus  absent  or  sick, 
or  refusing  or  neglecting  to  list  or  swear. 

Sec.  65.     All  returns  required  by  this  Ordinance 


ASSESSMENT  AND  TAXATION. 


31 


shall  be  made  in  such  form  as  the  Assessor  shall  pre- 
scribe, and  the  Assessor  is  authorized  to  summon 
before  him  any  person  or  persons,  and  require 
answers,  under  oath,  to  any  questions  relative  to  the 
property  and  affairs  of  any  person,  firm,  company, 
or  corporation,  which  oath  he  may  administer;  and 
if  any  person  or  persons  shall  refuse  or  neglect  to 
appear  before  said  Assessor,  or  to  answer  any  ques- 
tions put  to  him  or  them,  as  aforesaid,  he  or  they 
shall  be  subject  to  a  penalty  of  fifty  dollars;  and  if 
he  or  they  shall  answer  any  question,  as  aforesaid, 
falsely,  he  or  they  so  answering,  shall  be  subject  to 
a  like  penalty  of  fifty  dolars. 

Sec.  66.  Each  agent  in  this  city  of  any  insurance 
company,  organized  under  the  laws  of  any  other 
State  or  country,  and  doing  business  in  this  city,  or 
of  any  individual  insurer  or  underwriter  of  insur- 
ance, or  firm  or  joint  stock  company  of  insurers  or 
underwriters  of  insurance  residing  without  the 
State  and  doing  business  in  this  City  shall  annually, 
in  the  month  of  January,  or  before  the  20th  day  of 
Februarv.  return  to  the  Assessor  a  sworn  statement 
of  the  gross  business  of  such  agency  in  this  City  for 
the  year  ending  on  the  first  day  of  the  said  month 
of  January,  including  all  notes,  accounts  and  other 
things  received  or  agreed  upon  as  compensation  for 
insurance  effected,  renewed  or  continued  in  this  City, 
together  with  all  the  value  of  any  personal  property 
of  said  company,  individual,  firm  or  joint  stock  com- 
pany, of  insurers  or  underwriters  of  insurance,  situ- 
ate at  said  agency,  and  the  said  company,  individual, 
firm  or  joint  stock  company  shall  be  charged  with 
taxes  at  the  place  of  said  agency  on  the  amount  so 
returned,  and  the  agent  shall  also  be  personally 
responsible  for  such  taxes  and  may  retain  in  his 
hands  a  sufficient  amount  of  the  assets  of  his  princi- 
pal or  principals  to  pay  the  same,  unless  the  said 
taxes  shall  be  paid  by  the  said  principal  or  principals. 


Assessor  a  u- 
thorized  to  sum- 
mon persons,  re- 
el u  ire  answers, 
a  n  d  administer 
oaths. 


Penalty  for  re- 
fusal or  neglect 
to  appear  and 
answer. 


Mar.  13,  1894. 
Nov.   24,   1896. 

Agents  to  make 
statements  and 
pay   taxes. 


32 


ASSESSMENT  AND   TAXATION. 


Feb.  13, 1870,    §19. 

Property  own- 
ed by  insurance 
companies  of 
this  City  in  oth- 
er States  'not  re- 
turnable. 


lb.,    §    20. 


Corporations 
owning  no  prop- 
erty. 


lb.,    §    21. 

Insurance  com- 
panies organized 
under  laws  of 
this    State. 


lb.,    §   22. 

Companie  s, 
whether  organ- 
ized under  laws 
of  this  State  or 
not,  liable  to  tax- 
ation. 


lb.,    §    23- 


Bank    stocks. 


lb.,    S    24. 

Banks  to  keep 
lists  of  stock- 
holders. 


Sec  67.  Any  company  or  corporation,  organized 
in  this  City,  and  owning  property  in  any  other  State 
or  country,  as  well  as  in  this  City,  shall  not  be 
required  to  return  its  said  property  for  taxation  in 
this  City,  but  shall  return  such  property  as  it  owns 
in  this  City,  and  such  proportion  of  the  value  of  its 
other  property  as  if  owned  by  individual  residents 
of  this  City  would  be  taxable  in  this  City;  and  if 
such  return  be  made  by  such  company,  the  share- 
holders therein  shall  not  be  required  to  return  their 
shares   for  taxation. 

Sec.  68.  A  corporation,  organized  under  the 
laws  of  this  State,  and  located  in  this  City,  but  own- 
ing no  property  in  this  City,  shall  not  be  required  to 
return  its  capital  for  taxation  in  this  City. 

Sec.  69.  Every  insurance  company,  organized 
under  the  laws  of  this  State,  and  located  in  this  City, 
shall  return  all  its  personal  property,  moneys,  cred- 
its, (including  notes  taken  on  subscriptions  of 
stock,)  investments  in  bonds,  stocks,  securities,  and 
assets  of  every  kind,  for  taxation. 

Sec.  70.  All  companies  and  corporations,  whether 
organized  under  the  laws  of  this  State  or  not,  the 
manner  of  listing  whose  personal  property  is  not 
otherwise  specifically  provided  for  by  law,  shall  list 
for  taxation  all  their  personal  property  and  effects 
at  the  same  time,  in  the  same  manner,  and  in  the 
same  localities  as  individuals  are  required  to  list 
similar  property  and  effects,  for  taxation. 

Sec.  71.  All  shares  of  the  stockholders  in  any 
bank  or  banking  association,  located  in  this  City, 
whether  now  or  hereafter  incorporated  or  organized 
under  the  laws  of  this  State,  or  of  the  United  States, 
shall  be  listed  at  their  true  value  in  money,  and 
taxed. 

Sec.  72.  There  shall,  at  all  times,  be  kept  in  the 
office  where  the  business  of  such  bank  or  banking 
association  is  transacted,  a  full  and  correct  list  of  the 


ASSESSMENT  AND  TAXATION. 


33 


names  and  residences  of  the  stockholders  therein, 
and  the  number  of  shares  held  by  each,  which  shall, 
at  all  times,  during  business  hours,  be  open  to  the 
inspection  of  all  officers,  who  are,  or  may  be,  author- 
ized to  list  or  assess  the  value  of  such  shares  for 
taxation. 

Sec.  73.     It  shall  be  the  duty  of  the  president  and         ib.,  §  25. 
cashier  of  every  such  bank  or  banking  association  ^°^'  ^^'  '^^^' 
between  the  ist  day  of  January  and  the  20th  day  of  ca^Her'^^o"/  banks 
February,  annually,  to  make  out  and  return,  under  '°  '"^^^  returns, 
oath,  to  the  Assessor,  a  full  statement  of  the  names 
and  residences  of  the  stockholders  therein,  with  the 
number  of  shares  held  by  each,  and  the  actual  value 
in  money  of  such  shares,  together  with  a  description 
of  the  real  estate  owned  by  said  bank. 

Sec.  74.    The  Assessor,  upon  receiving  the  return         ib.,  §  26. 
provided  in  the  foregoing  section  of  this  Ordinance,      Assessor  to  de- 
shall  deduct  from  the  actual  total  value  of  the  shares  value  of  shares, 

,11  11-  -J-  ,1  appraised  value  of 

m  any  such  bank  or  banking  association,  the  ap-  reai  estate  owned 

praised  value  of  real  estate  owned  by  such  bank  or    ^  ^"  • 

banking  association,  as  the  same  stands  on  his  books, 

and  the  remainder  of  the  total  value  shall  be  entered 

on  his  books  in  the  names  of  the  owners  thereof, 

in  amounts  proportioned  to  the  number  of  shares 

owned  by  each,  as  returned  on  said  sworn  statement, 

and   be   charged   with   taxes   at   the   same   rate   as 

charged  upon  the  value  of  other  personal  property. 

Sec.  75.     Any  taxes  assessed  on  any  such  shares        ib.,  §  z-j. 

of  stock  or  the  value  thereof,  in  manner  aforesaid,  ^'^'  '  ^  " 

shall  be  and  remain  a  lien  on  such  shares  from  the  iieI^^on°  's^h^rLs 
1st  day  of  January  in  each  year  until  such  taxes  are  ""^''  ''^'^' 
paid,  and  in  case  of  the  non-payment  of  such  taxes 
at  the  time  required  by  law  by  any  shareholder,  and 
after  notice  received  of  the  City  Treasurer  of  the 
non-payment  of  such  taxes,  it  shall  be  unlawful  for 
the  cashier  or  other  officer  of  such  bank  or  banking 
association  to  transfer  or  permit  to  be  transferred 
the  whole  or  any  portion  of  said  stock  until  the 
3 


'34 


ASSESSMENT  AND  TAXATION. 


lb.,     §     28. 

Bank  may  pay 
taxes  assessed  on 
shares. 


lb.,     §     39. 

Assessor  to  ex- 
amine books,  offi- 
cers of  banks, 
etc.,  on  failure 
to  furnish  state- 
ment    required. 


Penalty  for 
failure  to  make 
statement,  or  wil- 
fully making 
false    statement. 


lb.,    §   30. 
Nov.    24,    1896. 

Return  of  un- 
i  n  CO  r  p  o  rated 
banks. 


delinquent  taxes  thereon,  together  with  the  costs 
and  penalties  shall  have  been  paid  in  full,  and  no 
dividend  shall  be  paid  on  any  stock  so  delinquent  so 
long  as  such  taxes,  penalties  and  costs  or  any  part 
thereof  remain  due  or  unpaid. 

Sec.  76.  It  shall  be  lawful  for  any  such  bank  or 
banking  association  to  pay  to  the  City  Treasurer  the 
taxes  that  may  be  assessed  on  its  shares,  as  aforesaid, 
in  the  hands  of  its  share-holders  respectively,  and 
deduct  the  same  from  any  dividends  that  may  be  due, 
or  may  thereafter  become  due,  on  any  such  shares, 
or  deduct  the  same  from  any  funds  in  its  possession 
belonging  to  any  share-holder,  as  aforesaid.. 

Sec.  yj.  If  any  bank  or  banking  association  shall 
fail  to  make  out  and  furnish  to  the  Assessor  the 
statement  required  by  the  seventy-third  section  of 
this  Ordinance  within  the  time  required  therein,  it 
shall  be  the  duty  of  said  Assessor  to  examine  the 
books  of  said  bank  or  banking  association,  also  to 
examine  any  officer  or  agent  thereof,  under  oath, 
together  with  such  other  persons  as  he  may  deem 
proper,  and  make  out  the  statement  required  by  said 
seventy-third  section,  and  enter  the  value  of  said 
shares  in  his  books ;  any  bank  officer  failing  to  make 
out  and  furnish  to  the  Assessor  the  statement,  or 
wilfully  making  a  false  statement,  as  required  in 
the  seventy-third  section  of  this  Ordinance,  shall  be 
liable  to  a  penalty  of  one  hundred  dollars,  together 
with  all  costs  and  other  expenses  incurred  by  the 
Assessor  or  other  proper  officer  in  obtaining  such 
statement  aforesaid. 

Sec.  78.  x'\ll  unincorporated  banks  and  bankers 
shall  annually,  between  the  ist  day  of  January  and 
the  twentieth  day  of  February,  make  out  and  return 
to  the  Assessor,  under  oath  of  the  owner  or  princi- 
pal officer  or  manager  thereof,  a  statement  setting 
forth : 

T.    The  average  amount  of  notes  and  bills  receiv- 


ASSESSMENT  AND  TAXATION. 

able,  discounted  or  purchased  in  the  course  of  busi- 
ness by  such  unincorporated  bank,  banker  or  bank- 
ers, and  considered  good  and  collectible. 

2.  The  average  amount  of  accounts  receivable. 

3.  The  average  amount  of  cash  and  cash  items  in 
possession  or  in  trust. 

4.  The  average  amount  of  all  kinds  of  stocks, 
bonds  or  evidences  of  indebtedness,  held  as  invest- 
ments or  in  any  way  representing  assets. 

5.  The  average  amount  of  real  estate,  at  its  as- 
sessed value,  for  taxation. 

6.  The  average  amount  of  all  deposits  made  with 
them  by  other  parties. 

7.  The  average  amount  of  all  accounts  payable, 
exclusive  of  current  deposit  accounts. 

8.  Average  amount  of  Government  and  other 
securities,  specifying  the  kind  that  are  exempt  from 
taxation. 

9.  The  amount  of  capital  paid  in  or  employed  in 
such  banking  business,  together  with  the  number  of 
shares  or  proportional  interest  each  shareholder  or 
partner  has  in  such  association  or  partnership. 
From  the  aggregate  sum  of  the  first  five  items 
above  enumerated  the  said  assessor  shall  deduct  the 
aggregate  sum  of  the  fifth,  sixth,  seventh  and 
eighth  items,  and  the  remainder  thus  obtained  shall 
be  entered  on  the  books  of  the  assessor  in  the  name 
of  such  bank,  banker  or  bankers,  and  taxes  thereon 
shall  be  assessed  and  paid,  the  same  as  is  provided 
for  other  property  as  assessed  and  taxed  in  the  city. 

Sec.  79.    The  average  provided  for  in  the  preced-  ^^    ib.,  §  31. 
ing  section  shall  be  obtained  by  adding  together  the 


35 


Nov.    24,    1896. 


,  ,      . ,  ,  •  r      1  11  Manner    of    ob- 

amounts  of  each  item  above  specilied,  owned  by  or  taining   averages. 

standing   on   the   books   of   such   bank,    banker   or 

bankers  on  the  first  day  of  each  month  of  the  year 

ending  the  ist  day  of  January  in  the  year  in  which 

the    return    is    made,    and    dividing    the    same    by 

the  number  of  months  in  the  year :  Provided,  that  in 


36 


ASSESSMENT  AND  TAXATION. 


lb.,    §    3 


"Banks' 
"bankers" 
e<\. 


and 
defin- 


Ib.,    §    33- 


Non 
holders. 


lb.,    §    34 


Assessor  t  o 

prescribe   form   of 
return    and    oath. 


lb.,   §   3S. 


Penalty  for 
failure  to  list  and 
non-payment  of 
taxes  in  any  one 
year. 


lb.,    §    36. 
Jan.  18, 1871,     §2. 

Property  to  be 
taxed  according 
to  its  selling  val- 
ue  in    money. 


cases  where  such  bank,  banker  or  bankers  com- 
menced business  during  the  preceding  year  the 
division  shall  be  made  by  the  number  of  months 
elapsed  after  the  commencement  of  such  business : 
Provided,  That  all  fractions  of  a  month  shall  be 
counted  as  a  month. 

Sec.  80.  Every  company,  association,  or  person 
not  incorporated  under  any  law  of  this  State,  or  of 
the  United  States,  for  banking  purposes,  who  shall 
keep  an  office  or  other  place  of  business,  of  lending 
money,  receiving  money  on  deposit,  buying  and  sell- 
ing bullion,  bills  of  exchange,  notes,  bonds,  stocks, 
or  other  evidences  of  indebtedness,  with  a  view  to 
profit,  shall  be  a  bank,  banker  or  bankers,  within  the 
meaning  of  sections  seventy-seven,  seventy-eight 
and  seventy-nine  of  this  Ordinance. 

Sec.  81.     Any  person  claiming  not  to  have  any 

property   property,  shall,  upon  demand  of  the  Assessor,  make 

oath  to  the  fact  that  he  has  no  property,  and  if  he 

refuse  to  make  such  oath,  he  shall  be  subject  to  a 

penalty  of  fifty  dollars  and  cost  of  prosecution. 

Sec.  82.  The  Assessor  shall  prescribe  the  forms 
©f  all  returns  of  taxation,  and  of  the  oaths  that  shall 
be  made  thereto,  and  cause  a  sufficient  number 
thereof  to  be  printed  and  distributed;  and  any 
return  made  in  any  way  materially  varying  there- 
from shall  not  be  regarded  as  a  return. 

Sec.  83.  If  any  person  shall  fail  to  list  the  per- 
sonal property  he  is  required  by  law  to  list  in 
any  one  year,  and  the  same  escapes  taxation  for  that 
year,  the  value  thereof  shall  be  charged  against  him 
for  taxation  in  any  subsequent  3^ear,  v/ith  fifty  per 
cent,  penalty  added  thereto,  and  the  taxes  and  pen- 
alty collected,  as  in  other  cases. 

Sec.  84.  All  real  and  personal  property  shall  be 
valued  for  taxation  at  its  true  value  in  money,  which, 
in  all  cases  not  otherwise  specially  provided  for  in 
this  Ordinance,  shall  be  held  to  be  the  usual  selling 


ASSESSMENT  AND  TAXATION.  37 

price  of  similar  property  at  the  place  where  the  return 
is  to  be  made;  and  if  there  be  no  usual  selling  price, 
then  at  what  is  honestly  believed  could  be  obtained 
for  the  same  at  a  fair  sale,  at  the  place  aforesaid. 

Sec.  85.    The  following-  articles  of  personal  prop-  Fgb.i3. 1870,  §37- 
erty  shall  be  valued  for  taxation,  as  follows,  to  wit :      Personal    prop- 

J  '  _  erty    taxable. 

Money,  bank  bills,  and  other  bills  lawfully  circulat- 
ing as  money,  at  the  par  value  thereof ;  credits,  at 
the  amount  payable  on  the  face  of  the  contract, 
instrument,  or  account,  unless  the  principal  be  pay- 
able at  a  future  time  without  interest,  then  at  the 
sum  payable  less  the  lawful  interest  thereon  for  any 
term  of  credit  not  exceeding  one  year ;  contracts  for 
the  delivery  of  specific  articles,  at  the  usual  selling 
price  of  such  articles  at  the  time  of  last  listing.  When 
the  fee  of  the  soil  in  any  tract  or  lot  of  land  is  in 
one  person,  and  the  right  to  any  minerals  therein, 
or  structures  thereon  in  another,  the  proceeds  of  the 
minerals  and  said  structures  shall  be  valued  and 
taxed  as  personal  property  to  the  owners  thereof, 
respectively. 

Sec.  86.     It  shall  be  the  duty  of  the  Assessor  to         11,.,  s  38. 
state    in  the  column  of  remarks,  opposite  each  tax-      Assessor      au^ 
payer's  name,  in  the  return  made  by  him,  any  amount  lo^^vaiuatlon  ^of 
which  he  believes  ought  to  be  added  to  the  valuation  p-'^p^''^^  returned, 
of  the  property  listed  by  such  taxpayer,  his  agent,  or 
other  person.     It  shall  also  be  his  duty,  at  any  time, 
if  he  ascertain  that  any  personal  property  has  not 
been   listed,    to    list   the   same,    with    the   valuation  ,.  Authorized     to 

list     property    not 

thereof  as  fixed  by  the  owner  or  himself,  and  the  listed. 

name  of  the  owner  or  person  to  whom  it  is  taxable, 

and  he  shall  charge  the  same  on  his  books  for  taxa-      „     , 

*="  Penalty     to     be 

tion,  adding  fifty  per  cent,  to  the  value  as  returned,  added, 
as  penalty.  ib.,  s  39- 

Sec.  87.     The  Assessor  shall  add  to  or  deduct  Mar!  9, '1897. " 


from  the  value  of  the  property  such  per  centum  as  Assessor  to 
may  be  ordered  by  the  City  Council,  on  his  books,  from  the°  vaiue"of 
distributing  the  same  pro  rata  to  each  owner,  and  sums^'^7s  may  "be 

ordered     by     City 
Council. 


38 


ASSESSMENT  AND  TAXATION. 


lb.,    §    40. 

Assessor  t  o 

determine  the 
sums  to  be  levied 
upon  each  piece 
of  property. 


lb..    §    41- 

Fractional 
sessments. 


lb.,     §     42. 

Assessor 
enter  taxes 
books. 


to 
on 


shall  add  to  or  deduct  from  the  valuation  of  the  per- 
sonal property  of  individuals,  companies,  or  corpora- 
tions, such  sum  or  sums  as  may  be  ordered  by  said 
City  Council.  Upon  this  valuation  of  property  the 
Assessor  shall  on  or  before  the  thirty-first  day  of 
March  levy  the  rate  per  centum  of  tax  authorized 
by  ordinance  to  be  raised  thereon  for  city  purposes. 

Sec.  88.  The  Assessor,  after  receiving  from  the 
authorities  legally  empowered  to  determine  the  rates 
or  amount  of  taxes  to  be  levied  for  the  various 
purposes  authorized  by  law,  statements  of  the  rates 
and  sums  to  be  levied  for  the  current  year,  shall 
forthwith  proceed  to  determine  the  sums  to  be  levied 
upon  each  tract  and  lot  of  real  property,  money,  and 
credit,  listed  in  the  City  in  the  name  of  each  com- 
pany, person,  or  corporation,  which  shall  be  assessed 
equally  on  all  real  and  personal  property  subject  to 
such  taxes ;  and  in  all  cases  where  the  whole  amount 
of  taxes  upon  the  personal  property,  moneys,  and 
credits  of  any  person  shall  not  amount  to  ten  cents, 
the  Assessor  shall  not  enter  the  same  upon  his  books, 
if  such  person  has  no  other  taxable  property. 

Sec.  89.  The  Assessor  shall  not  be  required  to 
assess  on  taxable  property  for  any  purpose,  any  rate 
of  taxation  containing  or  resulting  in  any  fraction 
other  than  a  decimal  fraction,  nor  in  any  fraction 
less  than  one-twentieth  of  a  mill;  but  if  the  sum 
required  to  be  raised  for  any  or  all  purposes  result 
in  a  fraction  less  than  one-twentieth  of  a  mill,  such 
fraction  shall  be  dropped ;  and  if  more  than  one- 
twentieth  and  less  than  one-tenth  of  a  mill,  the 
Assessor  shall  add  enough  to  make  it  one-tenth  of  a 
mill,  and  levy  the  same  accordingly. 

Sec.  90.  The  Assessor  shall  enter  the  taxes  on 
the  books  to  be  retained  in  his  ow^i  office  in  such 
number  of  columns  as  shall  from  time  to  time  be 
convenient.  He  shall  enter  the  taxes  against  each 
parcel  of  real  and  personal  property  on  one  or  more 
lines  opposite  the  name  of  the  owner  or  owners. 


ASSESSMENT  AND  TAXATION. 


39 


Sec.  91.  When  the  taxes,  assessments,  and  pen- 
alties charged  against  any  parcel  or  lot  of  real  or 
personal  property  shall  not  be  paid  on  or  before  the 
day  prescribed  by  Ordinance,  a  penalty  of  ten  per 
cent,  thereon  shall  be  added  by  the  City  Treasurer; 
and  if  the  said  taxes  and  penalty  shall  not  be  paid 
within  thirty  days  next  thereafter,  or  collected  by 
distress  or  otherwise,  the  penalty  and  said  taxes  shall 
be  treated  as  the  delinquent  taxes  on  such  real  or 
personal  property,  to  be  collected  in  the  manner  that 
is  or  may  be  prescribed  by  law ;  and  if  the  amount 
of  such  delinquent  taxes,  assessments,  and  penalties 
shall  not  be  paid  within  thirty  days  next  thereafter, 
the  delinquent  taxes,  assessments,  and  penalties  of 
the  current  year  shall  be  due  and  collected  by  the 
sale  of  such  real  or  personal  estate  in  the  manner 
that  is  or  may  be  required  by  law. 

Sec.  92.  If  the  Assessor  shall  suspect  or  be 
informed  that  any  person  or  persons,  corporation 
or  company  has  evaded  making  a  return,  or  made 
a  false  return  of  his.  her  or  their  personal  property 
for  taxation,  or  has  or  have  not  made  a  full  return, 
or  that  the  valuation  returned  is  less  than  it  should 
have  been,  according  to  the  rules  prescribed  by  this 
Ordinance,  it  shall  be  his  duty,  at  any  time  before 
the  settlement  with  the  Treasurer  for  the  year,  to 
notify  such  party  to  appear  before  him  at  his  office, 
at  a  time  fixed  in  said  notice,  together  with  such 
other  person  or  persons  as  the  Assessor  may  desire 
to  examine,  and  the  party  together  with  any  witness 
called,  shall  be  examined  by  said  Assessor  under 
oath  (which  oath  said  Assessor  is  authorized  to 
administer.)  touching  the  personal  property  and  the 
value  thereof,  of  such  party,  and  everything  which 
may  tend  to  evince  the  true  amount  such  party  should 
have  returned  for  taxation. 

Sec.  93.  The  Assessor  shall,  annually,  on  or 
before  the  tenth  day  of  April,  make  out  and  deliver 


lb.,    8    43- 

Penalty  for 
non-payment  o  f 
taxes  in  time  pre- 
scribed. 


lb. 


§      44- 


Assessor  a  u  - 
thorized  to  sum- 
mon and  examine 
parties  evading  or 
making  false  re- 
turns. 


Parties  to  be 
examined  under 
oatli. 


lb.,    §    45- 

Assessor  to 
furnish  annual 
abstract  to  the 
Treasurer. 


40 


ASSESSMENT  AND  TAXATION. 


to  the  City  Treasurer  complete  returns,  which  shall 

state  the  aggregate  value  of  taxable  property  in  the 

City  and  the  total  amount  of  taxes  assessed  thereon. 

^b-  §  46.  Sec.  94.    The  Assessor  shall  attend  at  his  office  on 

Assessor    to    or  bcfore  the  first  Tuesday  in  January  annually,  to 

tiement       with   make  Settlement  with  the  City  Treasurer,  and  ascer- 

Treasurer.  .         ,  .  ,    .  , 

tarn  the  amount  01  taxes,  penalties  and  assessments, 
collected  by  such  Treasurer,  and  the  amount  with 
which  such  Treasurer  is  to  stand  charged  on  account 
thereof;  and  the  Assessor  shall  take  from  his  prop- 
erty return,  previously  put  in  the  hands  of  said 
Treasurer  for  collection,  a  list  of  all  such  taxes, 
assessments  and  penalties  as  such  Treasurer  and  the 
City  Sheriff,  have  been  unable  to  collect  thereon,  as 
the  report  of  said  City  Treasurer  and  said  City 
Sheriff,  approved  by  the  Ways  and  Means  Commit- 
tee, shall  set  forth,  describing  the  property  as  de- 
scribed in  the  return,  and  shall  note  thereon  in  a 
marginal  column,  the  several  reasons  assigned  by 
said  Treasurer  and  said  Sheriff  why  such  taxes  or 
other  charges  could  not  be  collected,  which  list  shall 
be  denominated  a  delinquent  list,  and  which  shall  be 
signed  and  sworn  to  by  said  Treasurer  and  said 
Sheriff  as  to  their  respective  reports,  before  said 
Assessor;  and  said  Assessor  shall  record  the  same 
in  a  book  to  be  provided  for  that  purpose,  and  trans- 
mit an  abstract  thereof  to  the  City  Council ;  and 
after  deducting  the  amount  of  taxes,  assessments 
and  penalties,  so  returned  delinquent,  said  Treasu- 
rer and  said  Sheriff  shall  respectively  be  held  liable 
for  the  balance,  in  their  respective  hands,  of  the 
taxes,  assessments  and  penalties  charged  on  the 
property  returned :  Provided,  however,  that  only 
the  following  causes  shall  be  assigned  by  the  said 
Treasurer  and  said  Sheriff  on  said  delinquent  list 
for  not  collecting  any  tax  penalty  or  assessment, 
to-wit : 
couecdon  ^oi  t"  xes.       I  ■     That  sufficicut  pcrsoual  property  of  the  party 


ASSESSMENT  AND  TAXATION.  4J^ 

charged  could  not  be  found  out  of  which  to  make 
the  same. 

2.  That  property  was  found  but  could  not  be 
sold  for  want  of  bidders. 

3.  That  such  taxes,  assessments,  or  penalties 
were  enjoined  by  a  competent  court :  Provided,  fur- 
ther. That  upon  all  delinquencies  duly  certified  to 
the  City  Sheriff,  said  Sheriff's  return  to  the  City 
Treasurer  of  any  one  of  said  causes,  shall,  for  the 
purpose  of  this  settlement,  be  received  as  the  return 
of  the  City  Treasurer. 

Sec.  95.     All  taxes  shall  be  payable  at  such  time         ib.,  §  47- 
or  times  as  the  City  Council,  by  Ordinance,  shall      council   to  fix 
direct,  and  the  City  Treasurer  shall  collect  the  same  ortaxes"!  paymen 
in  the  manner  required  by  law,  and  give  receipts 
therefor  to  the  several  parties  paying  the  same. 

Sec.  96.     That  immediately  upon  the  expiration  -^"g-  '3,  1895- 
of  the  time  allowed  by  law  for  the  payment  of  taxes   agrins?"^(feHn^ 
in  any  year  on  either  real  or  personal  property,  or  5'^"fj*oJj^"|^s^  ^""^ 
both,  the  City  Treasurer  shall,  and  is  hereby  author- 
ized and  directed  to  issue  in  the  name  of  the  City 

Council    of    Charleston,    a    warrant    or    execution      \Varraiit  m-  ex- 
ecution to   be  is- 

against  such  defaulting  taxpayer,  signed  by  him  in  sued. 
his  official  capacity,  directed  to  the  City  Sheriff,  or 
his  lawful  deputy,  requiring  and  commanding  him 
to  levy  the  same  by  distress  and  sale  of  so  much  of 
the  defaulting  taxpayer's  estate,  real  or  personal, 
or  both,  as  may  be  sufficient  to  satisfy  the  taxes, 
municipal  and  school,  with  the  penalties  thereon,  of 
such  defaulters,  specifying  therein  the  aggregate 
amount  of  said  taxes  and  penalties,  which  warrant 
or  execution  shall  run  substantially  in  these  words, 
(filling  the  blanks  to  suit  each  case,)  viz. : 

THE  STATE  OF  SOUTH  CAROLINA, 

City  of  Charleston, 

City  Treasurer. — 

To Esq.,  Sheriff  of  the  City  of  Charles-  ,,1^°™    °^  "'''" 

ton,  or  to  his  lawful  deputy :     Whereas  has 


42 


ASSESSMENT  AND  TAXATION. 


been  duly  assessed  the  sum  of 


dollars  for 


defraying  the  charges  of  the  City  for  the  year 
,  as  follows,  to  wit : 

For  the  city  $ ,  for  the  public  schools  $ , 

which has  neglected  to  pay  before  the  days 

prescribed  by  ordinances,  whereby  penalties  aggre- 
gating $ pursuant  to  said  ordinances  have 

been  added  in  consequence  of  said  non-payment : 
These  are,  therefore,  strictly  to  charge  and  command 
you  to  levy  by  distress  and  sale  of  the  personal  prop- 
erty, and  if  sufficient  personal  property  cannot  be 
found,  then  by  distress  and  sale  of  the  land  of  the 

said  ,  the  sum  of  dollars,  together 

with  dollars,  the  charges  thereon ;  and  for 

so  doing  this  shall  be  your  sufficient  warrant. 

Given  under  my  hand  and  the  seal  of  the  City  Cor- 
poration, Charleston,  this day  of ,  A. 

D.  

City  Treasurer. 

And  the  Sheriff  shall  take  from  such  defaulter 
the  fees  in  the  execution  of  his  office  now  allowed 
by  law. 

Sec.  97.  That  under  and  by  virtue  of  said  war- 
rant or  execution  the  Sheriff  shall  seize  and  take 
exclusive  possession  of  so  much  of  the  defaulting 
taxpayer's  estate,  real  or  personal,  or  both,  as  may 
be  necessary  to  raise  a  sum  of  money  equal  to  the 
sum  of  money  named  in  the  said  warrant,  and  said 
charges  thereon,  and  after  due  advertisement,  stat- 
ing when  and  where  such  property  will  be  sold,  if 
the  taxes,  assessments,  and  penalties,  including 
school  taxes  so  assessed  against  said  defaulting  tax- 
payer, together  with  the  costs  of  the  proceedings, 
shall  not  be  paid  before  the  day  appointed  for  such 
and    make    title    sale,  scll  the  sauic  at  said  time  and  place  so  adver- 

to     purchaser. 

tised,  for  cash,  make  title  therefor  to  the  purchaser 
complying  with  the  terms  of  sale  and  annex  to  said 


.Sheriff's  fees. 


Ibid. 
Sheriff     to 
property. 


Advertisement. 


To      sell      same 


ASSESSMENT  AND  TAXATION. 


43 


title  a  duplicate  warrant  or  execution,  which  the 
Treasurer  is  hereby  required  to  furnish  him  with 
for  that  purpose,  with  endorsement  thereon  of  his 
action  thereunder,  put  the  purchaser  in  possession 
of  the  property  sold  and  conveyed,  and  after  deduct- 
ing from  the  proceeds  of  sale  the  whole  amount  of 
taxes  and  charges,  to  pay  over  the  excess,  if  any 
there  be,  to  the  defaulting  taxpayer,  and  the  taxes 
so  collected  shall  be  paid  to  the  City  Treasurer. 

And  in  case  there  be  no  bid  equal  in  amount  to 
the  taxes  named  in  said  warrant  or  execution,  in 
addition  to  any  taxes  due  to  the  State  and  County 
on  said  property,  the  City  Assessor  shall  buy  the  land 
for  the  City  Council  of  Charleston,  as  the  actual 
purchasers  thereof,  for  the  amount  of  said  taxes  and 
penalties,  costs  and  charges  and  the  Sheriff  shall 
thereupon  execute  titles  to  the  said  City  Council  of 
Charleston,  as  to  any  other  purchaser,  and  in  the 
manner  above  provided,  and  shall  put  them  or  their 
authorized  agents  in  possession  of  the  premises. 
The  land  so  sold  and  purchased  and  delivered  to  the 
said  City  Council  of  Charleston  shall  be  treated  by 
them  as  assets  of  the  City  in  their  charge  and  be  sold 
at  such  times  and  in  such  manner  as  by  them  shall 
be  deemed  most  advantageous  to  the  City.  In  all 
cases  of  sale  the  Sheriff's  deed  of  conveyance, 
whether  executed  to  a  private  person,  a  corporation, 
or  to  the  City  Council  of  Charleston,  shall  be  held 
and  taken  as  prima  facie  evidence  of  a  good  title  in 
the  holder,  and  that  all  proceedings  have  been  reg- 
ular, and  all  requirements  of  the  law  have  been  duly 
and  fully  complied  with.  No  action  for  the  recovery 
of  said  land  sold  by  the  Sheriff  under  the  provisions 
of  this  section,  or  for  the  recovery  of  the  possession 
thereof,  shall  be  maintained  unless  brought  within 
two  years  from  date  of  said  sale. 

Sec.  98.  The  collection  and  enforcement  of  taxes 
for  municipal  purposes  on  real  and  personal  prop- 


Purchaser  to  be 
put   in   possession. 


In  case  no  bid 
Assessor  to  buy 
the   land   for   city. 


Sheriff  to  ex- 
ecute title  and 
put  city  in  pos- 
session of  prop- 
erty. 


Sheriff's  deed 
to  be  prima  facie 
evidence  of  good 
title. 


Actions  for  re- 
covery of  the 
land  must  be 
brought  within 

two    years. 

Ibid. 

Mar.    13,    1900. 

How  default- 
ing taxpayer  may 
have  sale  sus- 
pended. 


44 


ASSESSMENT  AND  TAXATION. 


I  f  defaulting 
taxpayer  shall  not 
make  payment 
and  affidavit,  he 
shall  be  deemed 
to  have  waived  all 
errors  and  irregu- 
larities. 


Ibid. 

Committee  o  f 
Ways  S;  Means 
to    hear    petitions. 


erty  within  the  City  of  Charleston  shah  not  be 
stayed  or  prevented  by  an  injunction,  writ  or  order 
issued  by  any  court  or  judge  thereof. 

In  any  and  all  cases  in  which  such  municipal  taxes 
shall  be  charged  against  any  person  upon  the  books 
of  the  City  Treasurer,  and  he  shall  claim  payment 
of  such  taxes  or  shall  take  any  steps  or  proceedings 
to  collect  the  same,  such  person,  if  he  conceive  the 
same  to  be  unjust  or  illegal  for  any  cause,  shall  pay 
the  said  taxes  notwithstanding,  uiKler  protest  in 
such  funds  and  moneys  as  the  said  Treasurer  shall 
be  authorized  by  law  to  receive.  Upon  such  pay- 
ment the  Treasurer  shall  pay  the  taxes  so  col- 
lected into  the  City  Treasury,  giving  notice  at  the 
time  to  the  Committee  on  Ways  and  Means  that  the 
payment  was  made  under  protest.  The  person  so 
paying  said  taxes  may  at  any  time  within  thirty 
days  after  making  such  payment,  but  not  ofterwards, 
bring  an  action  against  the  City  Council  of  Charles- 
ton for  the  recovery  thereof  in  the  Court  of  Com- 
mon Pleas  for  the  county  in  which  such  taxes  are 
payable.  If  it  be  determined  in  such  action  that 
such  taxes  were  wrongfully  or  illegally  collected, 
for  any  reason  owing  to  the  merits,  then  the  court 
before  whom  the  case  is  tried  shall  certify  of  record 
that  the  same  were  wrongfully  collected,  and  ought 
to  be  refunded ;  and  thereupon  the  Treasurer  of  the 
City  of  Charleston  shall  refund  the  taxes  so  paid, 
which  shall  be  paid  in  preference  to  other  claims 
against  the  Treasurer. 

Sec.  99.  That  the  Committee  of  Ways  and 
Means  of  the  City  Council  be,  and  is  hereby,  author- 
ized to  hear  and  determine,  upon  satisfactory  proof, 
the  petition  of  any  taxpayer  praying  relief  on  the 
ground  that  all  taxes  due  upon  the  property  have 
been  paid,  or  that  portions  of  such  taxes  have  been 
paid  and  an  offer  to  pay  the  balance,  accompanied 
by  the  sum  admitted  to  be  owing;  and  the  said  Com- 


ASSESSMENT  AND  TAXATION. 


45 


mittee  of  Ways  and  Means  shall  grant  such  relief 
in  the  premises  as  may  be  just :  Provided,  hozvever, 
that  the  said  Committee  of  Wavs  and  Means  be 
authorized  in  such  cases,  and  to  such  extent  as  they 
may  deem  most  advantageous  to  the  City,  to  bring 
an  action  in  the  name  of  the  City  Council  of  Charles- 
ton as  for  debt  against  the  former  owners,  or  any 
person  or  persons  having  any  legal  or  equitable 
interest  in  said  lands,  for  the  recovery  of  the  full 
amount  of  all  taxes,  costs  and  penalties  on  said 
property  advanced  and  paid  by  the  City  to  the  State, 
and  also  for  the  taxes,  penalties  and  costs  accrued  to 
the  City  on  the  said  property.  Any  judgments  ob- 
tained in  such  actions  shall  have  a  lien  paramount 
to  all  other  liens  except  the  lien  for  taxes  due  to  the 
State  and  County,  upon  the  lands  respectively  upon 
which  such  taxes,  penalties  and  costs  have  accrued, 
and  the  same  shall  be  sold  under  execution  by  the 
Sheriff  in  due  course  of  law,  and  the  proceeds  of 
any  'such  sale  shall  be  applied  first  to  the  payment 
of  the  taxes,  costs  and  penalties  due  or  advanced 
and  paid  to  the  State  as  aforesaid,  next  to  the  City 
and  School  taxes,  penalties  and  costs  on  the  said 
property,  next  to  the  payment  of  the  taxed  costs  in 
the  suit  and  expenses  of  sale,  and  the  surplus,  if  any 
there  be,  shall  be  paid  over  to  the  former  owners,  or 
parties  in  interest  as  their  interest  may  appear. 

Sec.  ioo.  The  City  Treasurer,  immediately  upon 
the  receipt  of  the  property  return  for  the  year  from 
the  Assessor,  shall  cause  a  notice  to  be  inserted  three 
times  in  a  daily  newspaper,  stating  the  total  rate 
per  centum  of  levies  for  City  purposes,  and  the  time 
on  or  before  which  the  same  must  be  paid. 

Sec.  ioi.  All  personal  property  subject  to  taxa- 
tion shall  be  liable  to  distress  and  sale  for  the  pay- 
ment of  taxes  and  assessments ;  and  at  an}^  time  after 
any  taxes  or  assessments  shall  become  due  and  un- 
paid according  to  law,  the  City  Sheriff,  by  himelf 


Proviso. 


Action  may  be 
hrouglit  against 
former    owners. 


J  u  d  g  m  e  n  t  s 
therein  to  be  a 
paramount   Hen. 


Feb.    13,    1870. 

Treasurer  t  o 
publish  rate  of 
tax  levied  and 
time    of    payment. 


lb.,    §    50. 

Personal  prop- 
erty liable  to  dis- 
tress and  sale 
for  payment  of 
taxes. 


46 


ASSESSMENT  AND  TAXATION. 


lb.,    §    51. 

City  Sheriff  au- 
thorized to  dis- 
train and  recov- 
er by  law  taxes 
and  penalties  on 
property  for  the 
non-payment  of 
taxes. 


or  deputy,  may  distrain  sufficient  personal  property 
of  the  party  against  whom  such  taxes  or  assessments 
are  charged,  if  the  same  can  be  found  in  the  City,  to 
pay  the  taxes  or  assessments  so  due,  with  any  penalty 
charged  or  chargeable  thereon,  and  costs  that  may 
accrue,  and  shall  immediately  advertise  the  same  in 
one  or  more  daily  newspapers,  stating  when  and 
where  such  property  will  be  sold ;  and  if  the  taxes, 
assessments,  and  penalties  for  which  such  property 
was  distrained,  together  with  the  costs  of  the  pro- 
ceedings, shall  not  be  paid  before  the  day  appointed 
for  such  sale  (which  shall  not  be  less  than  five  nor 
more  than  ten  days  after  such  notice  of  sale,)  such 
City  Sheriff  or  his  deputy  shall  proceed,  at  the  time 
and  place  mentioned  in  such  notice,  to  sell  such  prop- 
erty, or  so  much  thereof  as  may  be  necessary,  at  the 
public  vendue,  to  the  highest  bidder;  and  if  such 
property  or  a  sufficient  amount  thereof  shall  not  be 
sold  at  the  time  and  place  aforesaid,  such  Sheriff 
shall  retain  the  same  in  his  possession  and  advertise 
and  offer  the  same  for  sale,  in  the  manner  aforesaid, 
from  time  to  time  until  the  same  shall  be  sold. 

Sec.  I02.  If  any  tax  shall  be  unpaid  at  the  time 
fixed  for  the  payment  thereof  by  Ordinance,  or 
returned  delinquent,  as  authorized  by  Ordinance, 
the  City  Sheriff  may  not  only  distrain  property  for 
the  payment  thereof,,  as  hereinbefore  provided,  but 
may  recover  the  same  with  the  penalties  thereon,  by 
action  at  law,  proceedings  in  attachment,  or  other 
means  authorized  by  law  to  be  used  by  private  indi- 
viduals in  the  collection  of  debts ;  which  action  or 
other  proceedings  shall  be  prosecuted  in  the  name 
of  the  City  Council;  and  if  he  should  die  or  go  out 
of  office  before  the  termination  of  such  action  or 
proceeding,  or  the  final  collection  of  the  money  or 
any  order  or  judgment  thereon,  his  successor  or 
successors  may  from  time  to  time  prosecute  such 
action. 


ASSESSMENT  AND  TAXATION. 


47 


Sec.  103.  All  taxes,,  assessments  and  penalties 
legally  assessed,  shall  be  considered  and  held  as  a 
debt  payable  to  the  City  by  the  parties  against  whom 
the  same  shall  be  charged,  and  such  taxes,  assess- 
ments and  penalties  shall  be  a  lien  against  the 
estates  of  all  deceased  persons ;  against  the  estates  of 
bankrupts  and  insolvents ;  against  all  property  held 
in  trust ;  against  all  property  held  on  chattel  mort- 
gage, or  in  pledge ;  against  all  personal  property  sold 
for  the  purpose  of  avoiding  the  payment  of  taxes ; 
against  all  personal  property  held  by  parties  in  fraud 
of  creditors :  against  all  stocks  of  goods  ;implements, 
machinery  and  tools  of  merchants  and  manufactu- 
rers, or  against  purchasers  of  the  whole  of  such 
stocks  upon  which  the  taxes  have  not  been  paid ;  and 
such  taxes  shall  be  paid  out  of  the  assets  of  any 
estate  of  deceased  person,  or  held  in  trust  as  assignee 
or  trustee,  as  aforesaid ;  or  proceeds  of  any  property 
held  on  execution  or  attachment ;  and  the  City  Sheriff 
may  proceed,  by  action  at  law.  against  the  parties 
holding  property  otherwise  as  above  mentioned ;  or, 
if  he  can  obtain  the  possession  of  the  property,  he 
may  distrain  and  sell  the  same,  precisely  as  if  the 
same  had  not  been  sold,  mortgaged  or  pledged  as 
above  mentioned. 

Sec.  104.  That  all  taxes  imposed'  by  the  City 
Council  shall  be,  for  the  term  of  two  years  from  the 
date  of  the  levy  of  the  tax,  a  lien  paramount  to  all 
other  liens,  except  taxes  imposed  by  the  State,  which 
now  exist  or  may  hereafter  attach  to  any  real  prop- 
erty, in  reference  to  which  the  said  taxes  are  levied. 
That  the  City  Treasurer  shall  prepare  and  keep  a 
book  in  his  office,  open  to  the  inspection  of  the  pub- 
lic, in  which  shall  be  recorded  the  amount  of  the 
taxes  claimed  against  each  piece  of  property,  an 
accurate  description  of  the  property,  and  the  name 
of  the  owner.  That  the  City  Treasurer  shall  give, 
upon  application  therefor,  a  certificate  of  such  taxes 


lb.,   §    52. 

Taxes,  assess- 
ments, and  penal- 
ties to  be  held 
and  charged  as 
debts  due  the 
City. 

Taxes  held  to 
be  a  lien  on  prop- 
erty. 


City  Sheriff  au- 
thorized to  pro- 
ceed against  par- 
tics  and  sell 
property. 


Ta.xes      a      lien 
for    two    years. 


That  City 
Treasurer  shall 
keep  a  book  in 
which  such  liens 
shall   be   recorded. 


48 


ASSESSMENT  AND  TAXATION. 


Apl.  12,  1881,      §1. 
Dec,    1901. 

Transient  auc- 
tioneers to  pay 
tax  on  goods  sold. 


lb..  §  2. 


Auctioneers  to 
pay  tax  on  goods 
sold. 


lb.,    §    3- 


Penalty. 


Feb.  13,1870,   §   53. 

Executors,  &c., 
personally  liable 
for   taxes. 


Authorized  to 
retain  in  their 
hands  sufficient 
property  to  mee* 
taxes. 


as  may  be  due  by  any  person,  for  which  he  shall  be 
entitled  to  a  fee  of  twenty-five  cents  for  each  name. 

Sec.  105.  That  from  and  after  the  passage  of  this 
ordinance  all  persons  not  known  as  permanent  resi- 
dents applying  to  the  City  Assessor  for  auctioneer's 
license  shall,  in  addition  to  the  amount  of  license,  be 
compelled  to  deposit  an  amount  equivalent  to  the 
tax  on  estimated  business  for  the  month,  and  that 
they  be  compelled  to  make  their  returns  and  pay 
the  amount  of  tax  as  required  by  ordinance  monthly, 
it  being  understood  that  all  such  persons  shall  have 
the  option  of  substituting  good  «nd  responsible 
sureties,  acceptable  to  the  Treasurer  and  Committee, 
of  Ways  and  Means,  in  lieu  of  the  money  deposit 
herein  named. 

Sec.  106.  That  in  the  event  of  any  person  or  per- 
sons bringing  stocks  of  goods,  wares  or  merchandise 
to  the  City  for  sale  by  auction  or  otherwise,  engaging 
the  services  of  a  regularly  licensed  auctioneer  for 
the  purpose  of  auctioneering  the  same,  said  regu- 
larly licensed  auctioneer  shall  be  deemed  as  taking 
the  place  of  such  person  or  persons,  and  be  bound 
in  manner  and  form  as  prescribed  in  the  preceding 
section  of  this  Ordinance. 

Sec.  107.  That  all  violations  of  the  provisions 
of  the  two  preceding  sections  of  this  Ordinance 
shall  be  subject  to  such  fines  and  penalties  as  are 
provided  for  in  the  License  and  Tax  Ordinances  of 
the  City. 

Sec.  108.  All  executors,  administrators,  guar- 
dians, trustees,  receivers,  officers,  husbands,  fathers, 
mothers,  agents,  or  factors  shall  be  personally  liable 
for  the  taxes  on  all  personal  property  which  they 
are  required  respectively,  to  list  for  taxation  by  the 
provisions  of  this  Ordinance,  and  which  was  in  their 
possession  at  the  time  when  the  return  thereof  for 
taxation  shall  have  been  made  by  themselves,  or  the 
Assessor,  and  may  retain  in  their  hands  a  sufficient 


ASSESSMENT  AND  TAXATION.  49 

amount  of  the  property  or  proceeds  to  pay  such  taxes 

for  the  entire  year;  and  the  City  Sheriff  may  collect  th^k^ecf^to^make 

such  taxes  by  any  and  all  of  the  means  provided  by  collections. 

this  Ordinance,  either  of  the  principal  or  beneficiary, 

or  the  person  so  acting  as  executor,  administrator, 

guardian,   trustee,   husband,    father,   mother,   agent 

or  factor,  receiver  or  officer. 

Sec.  109.     The  Assessor  is  authorized  to  employ,         ib..  §  54- 
with   the   approval   of   the   Mayor,    such   clerks   or      Assessor     au- 

,.  ^  1      11     thorized     to     em- 

assistants  temporarily,  not  exceedmg  four,  as  shall  pioy  temporary 
be  necessary  to  enable  him  to  promptly  perform  ance. 
the  duties  imposed  by  this  Ordinance.  The  compen- 
sation of  said  Clerks  or  assistants  shall  not  exceed 
three  dollars  per  day  for  every  day  actually  em- 
ployed, the  same  to  be  paid  out  of  the  City  Treasury, 
on  the  certificate  of  the  Assessor,  approved  by  the 
Mayor. 

Exemption  from  Taxation  of  Certain  Manufactur- 
ers. 

Sec.    1 10.    That    all    manufactories    established  Feb.  25,  1896. 


within  the  corporate  limits  of  the  said  city  and  do-  Certain       manu- 

factories         CXCIHDt 

ing  business  therein,  employing  ten  or  more  hands,  for  five  years. 
or  having  a  paid  up  capital  of  ten  thousand  dollars 
or  more,  shall  for  five  successive  years  from  the  time 
of  the  establishment  of  such  manufactories  be  ex- 
empt from  city  taxation,  except  the  taxes  for  school 
purposes :  Provided,  however,  That  should  any 
manufactory,  entitled  under  this  Ordinance  to  such 
exemption  from  taxation,  fail  in  business  and  be  re- 
organized, or  convey  its  plant  and  property  to  an- 
other person,  firm  or  a  new  company  or  corporation, 
the  exemption  on  said  plant  and  property  shall  be 
continued  and  extended  for  the  five  years  from  the 
original  establishment  of  said  manufactory  and  no 
longer. 


50 


ACCOUNTS. 


Accounts. 


Dec.   i6,  1808.  §1. 

Accounts  from 
Commissioners 
rendered  quar- 
terly. 


Nov.  23,  1836. 
Oct.  12,  1897. 
Mar.  26,  1901. 
Oct.  20,  1903. 

Accounts  to  be 
examined  and 
certified. 


All  accounts  to 
be  signed  by 
Mayor 


Contracts  by  Com- 
missioners. 


Sec.  III.  All  Boards  of  commissioners  ap- 
pointed by  the  City  Council,  and  also  all  persons 
whatever,  who  may  have  accounts  with  the  City, 
shall  render  accounts  to  the  City  Treasurer  for 
adjustment,  once  in  every  three  months. 

Sec.  112.  In  the  settlement  01  accounts  and 
claims  against  the  City,  the  following  rules  shall  be 
observed,  that  is  to  say : 

Sec.  113.  All  accounts  against  the  City,  founded 
on  contracts,  shall  be  first  examined  and  certified 
by  the  ofiicer  or  board  with  whom  such  contract  was 
made,  and  shall  then  be  submitted  to  the  Treasurer, 
by  whom  the  same  shall  be  laid  before  the  Committee 
on  Accounts,  to  be  reported  by  them  (after  exam- 
ination) to  Council,  by  whom  the  same  shall  be 
ordered  to  be  paid,  excepting  bills  (accounts)  for 
manual  labor  and  payment  on  account  of  duly 
approved  contracts  and  in  these  instances  the  ap- 
proval of  the  Committee  in  charge  with  the  endorse- 
ment of  the  Mayor  shall  be  deemed  sufficient.  All 
other  accounts  shall  in  like  manner  be  duly  ren- 
dered, examined,  certified  and  ordered  to  be  paid, 
as  aforesaid.  No  accounts  shall  in  any  case  be 
paid,  at  the  treasury  without  being  certified  by  the 
chairman  of  the  board  or  officer  submitting  the 
same  for  payment  and  countersigned  by  the  Mayor. 
Separate  accounts  shall  be  opened  in  theTreasurer's 
books  under  each  head  of  appropriation,  and  no 
transfers  shall  be  made  from  one  head  to  another 
but  by  order  of  Council.  No  contract  shall  be 
made  by  any  board  of  commissioners  or  any  work 
ordered  to  be  done  exceeding  five  hundred  dollars 
in  amount,  unless  the  same  shall  be  previously  sub- 
mitted to  Council  for  their  approbation,  with  esti- 
mates of  the  cost  thereof. 


TICKET    BROKERS. 


51 


Sec.   114.     That  the  Committee  on  Accounts  of  jan.  lo,  1899. 
the   City   of   Charleston   is   authorized,   empowered      om  books  a-d 
and  directed  to  destroy  all  old  books  and  vouchers  ed"a'fter^en"ea°rs! 
of  the  Treasurer's  department  of  the  City  of  Charles- 
ton which  shall  be  found  to  be  more  than  ten  years 
old  and  in  the  judgment  of  said  committee  valueless. 

Ticket  Brokers. 

Sec.  115.    That  all  persons,  firms  or  corporations  Mar,  n,  1902. 
engaged  in  the  business  of  railroad  ticket  brokers,  or      Railroad  Ticket 

,  .         ,         ^-,.  .   ^.         .  1      11    1  -1     Brokers     required 

scalpers,  m  the  City  01  Charleston  shall  be  required  to  take  out  a  li- 

to  take  out  a  license  for  each  place  of  business,  and 

shall  pa}^  as  a  tax  the  sum  of  $500.     This  license 

shall  be  good  for  the  calendar  year  in  which  it  is 

issued,  subject  to  the  conditions  hereinafter  stated, 

and  shall  not  be  transferable.     And  the  following 

shall  be  printed  on  the  face  of  said  license,  to  wit : 

This   is   to   certify   that   has   been   duly 

licensed  as  a  railway  ticket  agency  under  Class  No. 

,   at  No.   street,   in  the  City  of 

Charleston,  S.  C,  and  in  that  place  only,  for  the 
year  ending  December  31,    19 — .     This   license  is 

granted  upon  the  condition  that  the  said  

shall  comply  with  all  the  laws  of  the  State,  Ordi- 
nances of  the  City,  and  with  an  Ordinance  entitled 
"An  Ordinance  to  prevent  indiscriminate  scalping," 
and  any  amendments  thereto,  and  infraction  thereof 
will  be  deemed  a  sufficient  cause  for  the  revocation 
of  this  license. 


City  Treasurer. 

Sec.   116.     It  shall  be  unlawful  for  any  person  caiY^duT^business 
engaged  in  the  business  of  railroad  ticket  broker,  or  on  street. 
scalper,  to  have  anyone  calling  out  his  business  upon 
any  street  of  the  City  of  Charleston,  in  front  of  his 
place  of  business  or  elsewhere,  or  to  solicit  for  the 


52 


TICKET    BROKERS. 


Not  to  sell  al- 
tered or  forged 
tickets. 


Certificate  t  o 
be  given  purchas- 
er. 


Unlawful  t  o 
sell  without  a  li- 
cense. 


Mar.   II,  1902. 

To  refund  mon- 
ey if  tickets  are 
valueless. 


said  agency  on  the  property  of  any  railroad  within 
the  hmits  of  the  City  of  Charleston.  Any  person 
violating  this  provision  shall,  upon  conviction,  be 
fined  fifty  dollars  for  each  offence,  and  such  convic- 
tion shall  operate  as  a  revocation  of  said  license,  and 
the  said  license  shall  become  null  and  void  and  for- 
feited. 

Sec.  117.  It  shall  be  unlawful  for  any  broker 
licensed  under  this  Ordinance  to  sell  any  railroad 
ticket  or  contract  for  transportation  of  any  railroad 
company  which  shall  have  been  altered,  forged  or 
counterfeited.  Anyone  guilty  of  violating  this  pro- 
vision shall,  upon  conviction,  be  fined  fifty  dollars 
for  each  violation,  and  such  conviction  shall  operate 
as  a  revocation  of  said  license,  and  the  said  license 
shall  become  null  and  void  and  forfeited. 

Sec.  118.  Persons,  firms,  or  corporations  con- 
ducting said  business  of  railroad  ticket  brokers  or 
scalpers,  shall  be  required  to  give  a  certificate  to 
every  purchaser  of  a  ticket,  stating  the  date  upon 
which  the  said  ticket  was  sold,  starting  point,  and 
the  destination  of  the  ticket,  and  the  amount  paid  for 
it,  and  it  shall  be  signed  by  such  broker,  or  some  one 
in  his  office.  Any  person  engaged  in  this  business 
who  shall  violate  this  provision,  upon  conviction, 
shall  be  fined  fifty  dollars  for  each  offense,  and  the 
failure  to  pay  such  fine  shall  operate  as  a  revocation 
of  said  license,  and  the  said  license  shall  become  null 
and  void  and  forfeited. 

Sec.  119.  Any  person,  firm  or  corporation  en- 
gaged in  the  business  of  railroad  ticket  brokers,  or 
scalpers,  guilty  of  selling  without  a  license  as  herein 
provided,  shall,  upon  conviction,  be  fined  fifty  dol- 
lars for  each  offense,  or  imprisoned  not  exceeding 
thirty  days. 

Sec.  120.  That  all  persons,  firms,  or  corporations 
engaged  in  the  business  of  railroad  ticket  brokers, 
or  scalpers,  in  the  City  of  Charleston  shall  be,  and 


CANCELLATION    OF    LICENSES.  ^3 

they  are  hereby  required  to  refund  any  amount 
which  shall  have  been  paid  them  for  tickets,  when- 
ever the  ticket  or  tickets  so  purchased  are  refused 
for  passage  or  confiscated  by  any  railroad  company 
or  its  agent;  provided  such  ticket  or  tickets,  or  a 
receipt  for  the  same,  signed  by  any  railroad  com- 
pany or  its  agent,  be  furnished  such  broker.  Any 
person,  firm  or  corporation  violating  this  section 
shall  be  fined  fifty  dollars  for  each  offense,  and  the 
said  license  shall  become  null  and  void  and  forfeited. 

Cancellation  of  Licenses. 

Sec.    121.     That  the  Mayor,  City  Assessor  and  Feb.  lo.  1903- 
Corporation  Counsel,  and  their  successors  in  office,      Committee     to 

'■  _  _  .  .  revoke     and     can- 

are  hereby  constituted  a  special  committee  with  full  cei  Licenses, 
power  to  revoke  and  cancel  all  licenses  heretofore 
or  hereafter  granted  to  certain  persons,  firms,  com- 
panies, corporations,  or  associations  of  any  kind 
whatsoever,  who  are  engaged  in  the  business  of 
making  loans  and  charging  usurious  interest  there- 
for. 

Sec.  122.     That  whenever  complaint  is  made  to      Offender  to  be 

.    ,  .  .  ,    .        _         .  summoned    before 

said  special  committee  as  constituted  in  Section  121  committee. 
hereof,  that  the  holder  of  any  license  granted  to  carry 
on  any  business  is  charging  usurious  interest  on 
loans,  or  that  any  persons,  firms,  company,  corpora- 
tion, or  association  is  conducting  a  business  without 
a  license,  they  shall  at  once  summon,  after  three 
days'  notice,  the  alleged  offender,  to  appear  before 
them,  and  they  shall  hear  the  evidence  submitted 
for  and  against  said  charge,  and  if  said  charge  is 
sustained  to  the  satisfaction  of  said  special  committee 
they  are  hereby  authorized  and  empowered  to  forth- 
with cancel  and  revoke  the  license  held  by  such 
offender,  if  he  be  the  holder  of  a  license.  Should 
such  offender  fail  to  appear  when  summoned,  action 
shall  be  taken  by  said  special  committee  on  the  day 
appointed  as  if  such  offender  were  present. 


54 

Penalty. 


Oct.  26,  1840, 
July  9,  1901. 


Fixed  Salaries. 


Co  mm  issioners 
of  Sinking 
Fund. 


Aug.  23.1881,     §1. 

Property  pledg- 
ed for  payment 
of   bonds. 


FIXED   SALARIES— SINKING   FUND. 

Sec.  123.  Should  such  offender,  after  the  revoca- 
tion of  his  or  their  Hcenses,  continue  his  or  their 
said  business  without  a  Hcense,  or  not  having 
obtained  a  Hcense  shah  carry  on  his  or  their  busi- 
ness, he  or  they  shall,  upon  conviction  thereof,  be 
fined  fifty  dollars  ($50)  for  each  offense,  or  impris- 
oned in  the  county  jail  not  exceeding  thirty  days, 
or  both,  and  the  said  special  committee  shall  forth- 
with report  the  same  to  the  Corporation  Counsel, 
who  shall  forthwith  institute  proceedings  in  the  City 
Court  against  the  offender,  for  the  enforcement  of 
the  penalties  and  punishment  herein  provided. 

Fixed  Salaries. 

Sec.  124.  All  fixed  salaries  of  city  officers  shall 
be  paid  on  accounts  duly  made  out  and  presented  to 
the  Treasurer,  to  be  examined  and  certified  by  him 
to  be  correct,  and  to  be  countersigned  by  the  Mayor, 
and  all  salaries  of  regular  employees  of  all  boards 
of  commissioners,  which  said  salaries  have  been  duly 
fixed  by  resolution  of  the  said  board,  shall  be  paid  on 
accounts,  duly  made  out  and  presented  to  the  Treas- 
urer, and  certified  to  him  by  the  chairman  of  the 
board  of  commissioners,  as  examined  and  found  cor- 
rect, when  countersigned  by  the  Mayor,  and  by  him 
ordered  to  be  paid. 

Sinking   Fund. 

Sec.  125.  That  the  Mayor,  City  Treasurer,  and 
Chairman  of  the  Committee  of  Ways  and  Means 
shall  be  the  Commissioners  of  the  Sinking  Fund  of 
the  City  of  Charleston,  and  shall  have  the  manage- 
ment of  the  moneys  and  property  belonging  to  said 
fund. 

Sec.  126.  That  the  property  purchased  by  the 
City  of  Charleston  from  the  Commissioners  of  the 
Sinking  Fund  of  the  State  of  South  Carolina.,  which 
had  been  forfeited  to  the  State  for  the  non-payment 
of  taxes  thereon,  shall  be  held  by  the  City  as  pledged 


SUPERINTENDENT     OF     STREETS.  ^^ 

for  the  redemption  of  bonds  issued  on  the  faith  of 
the  City  of  Charleston  (except  the  bonds  commonly- 
known  as  Fire  Loan  Bonds)  ;  and  when  any  portion 
of  the  said  property  is  sold  or  disposed  of  the  pro- 
ceeds thereof  shall  be  applied  as  follows : 

First.  Toward  the  payment  of  the  bonds  and 
mortgages  given  by  the  City  Council  of  Charleston 
to  the  Commissioners  of  the  Sinking  Fund  of  the 
State  of  South  Carolina  for  the  purchase  of  the 
said  property,  and  the  expenses  of  such  purchase. 

Second.  Towards  the  purchase  of  such  City 
bonds  as  may  deemed  best  by  the  Commissioners  ,    . 

of  the  Sinking  Fund. 

Sec.    127.     That  all  the  property  purchased  as         ib.,  §  2. 
aforesaid  shall  be  in  charge  of  the  Commissioners      saies  by  Com- 
of  the  Sinking  Fund  of  the  City  of  Charleston,  and 
shall  be  sold  by  them  upon  such  terms  and  in  such 
manner  as  they  may  deem  most  advantageous. 

Sec.  128.  That  upon  any  sale  being  made  by  the  ib.,  §  3. 
Commissioners  of  the  Sinking  Fund  of  the  City  of  Mayor 
Charleston,  and  upon  the  purchase  money  being  paid 
into  the  Sinking  Fund  of  the  said  City,  the  ]\Iayor 
of  the  said  City  is  hereby  authorized  to  convey,  in 
the  name  of  the  City  of  Charleston,  the  property  so 
sold  to  the  purchaser  thereof. 


to 
cute  titles. 


CHAPTER  V. 

STREET  DEPARTMENT. 

SUPERINTENDENT      OF      .STREETS STREETS CELLAR 

DOORS LAMPS    AND    LAMP    POSTS VACANT    LOTS 

TREES WHARVES MILL     PONDS DRAINS 

SEWERS WATER     WORKS WELLS    AND     PUMPS 

ELECTRIC    WIRES   AND   POLES.  Dec.   i8,   1879. 

Feb.   28,'   1893. 

Sec.  129.     The  City  Council  shall,  on  the  second      Election  of  Su- 
Tuesday  of  January  nineteen  hundred  and  six  and   slr'j'ets"'^^"*     °^ 


56 


SUPERINTENDENT     OF     STREETS. 


May   II,   1897. 

Employment    of 
hands  and   carts. 


Bond. 


Pay  of  employ- 
ees. 


May27, 1868,     §1. 

Duty   of   Super- 
intendent    of 

streets. 


Reports. 


lb.,    §    2. 


Daily  record   to 
be  kept. 


every  fourth  year  thereafter  elect  an  officer  whose 
designation  shall  be  Superintendent  of  Streets,  and 
whose  annual  salary  shall  be  eighteen  hundred  dol- 
lars, payable  monthly,  and  who  shall,  before  enter- 
ing upon  the  duties  of  his  office,  execute  a  bond  in 
the  sum  of  two  thousand  dollars,  with  two 
sureties,  or  one  surety  company,  for  the  faith- 
ful performance  of  his  duties.  The  Superin- 
tendent of  Streets  shall,  with  the  advice  and  con- 
sent of  the  Mayor  and  the  approval  of  the  Committee 
on  Streets,  appoint  such  a  force  of  hands  and  carts, 
and  at  such  rates  of  pay,  as  may  be  necessary  for  the 
work  on  the  streets  of  the  City.  The  compensation 
allowed  to  the  different  employees  in  the  street  de- 
partment shall  be  paid  every  Saturday  and  the  pay 
rolls  for  the  same  shall  be  made  up  and  sworn  to 
by  the  Superintendent  of  Streets;  and  upon  being 
duly  examined  and  approved  by  the  Committee  on 
Streets,  shall  be  paid  by  the  City  Treasurer,  upon 
the  order  of  the  Mayor. 

Sec.  130.  It  shall  be  the  duty  of  the  Superinten- 
dent of  Streets,  to  visit,  as  often  as  possible,  all 
streets,  lanes,  alleys,  bridges,  butcher-pens,  slaugh- 
ter-houses, and  all  places  that  require  the  attention 
and  vigilance  of  the  City  authorities,  and  to  report 
to  the  Mayor  all  grievances  and  nuisances  which 
may  come  under  his  observation ;  and  likewise 
all  defects  in  sewers,  drains,  streets,  sidewalks, 
bridges,  etc.,  which,  in  his  judgment,  require  re- 
pairs ;  and  to  see  that  all  employees  in  his  de- 
partment are  discharging  their  duties  faithfully ; 
and  that  all  streets,  sidewalks,  drains,  gutters, 
etc.,  are  kept  clean,  well  graded,  and  in  a  sanitary 
condition. 

Sec.  131.  The  Superintendent  of  Streets  shall 
keep  a  daily  record  of  all  carts,  laborers,  mechanics, 
and  other  employees,  and  all  materials  used,  with 
names  of  persons  employed,  and  names  of  owners 


SUPERINTENDENT     OF     STREETS. 


57 


of  carts,  and  pay  of  the  same,  and  cost  of  materials. 
Also,  to  keep  a  journal  in  which  is  to  be  entered  the 
work  going  on  for  the  day,  designating  the  number 
of  carts,  laborers,  mechanics,  etc.,  at  work,  and 
where.  And  shall,  likewise,  keep  a  note  or  com-  complaint  book, 
plaint  book,  in  which  shall  be  entered  repairs  needed, 
complaints  lodged  by  citizens,  and  the  reports  of  po- 
lice respecting  drains,  streets,  etc.,  out  of  order;  and 
these  books  shall  remain  subject  to  the  perusal  of  the 
Mayor  and  Aldermen  and  the  City  Surveyor. 

Sec.  132.     All  bills  (accounts)  for  materials  and         ^^^  ^  ^- 
other  expenditures  in  the  street  department  shall  be      Approval     and 

^  '^  _        payment  of  bills. 

approved  by  the  Committee  on  Streets ;  and  no  bill 
(account)  shall  be  paid  by  the  Treasurer  unless  it 
has  been  properly  examined  by  the  Committee  on 
Accounts,  excepting  bills  (accounts)  for  manual 
labor,  and  in  that  instance  the  approval  of  the  Com- 
mittee on  Streets,  with  the  endorsement  of  the 
Mayor,  shall  be  deemed  sufficient. 

Sec.  133.     It  shall  be  the  duty  of  the  Superinten-  Mar.  18, 1874-   §3- 
dent  of  Streets  to  make  a  monthly  report  to  the  City      Monthly  report 

/~.  •!  .••  ij,  ,         r    ,1  of   Superintendent 

Council,  contaniing  a  general  statement  01  the  ex-  of  streets. 
penses  of  his  department  during  the  month,  the 
amount  expended  for  laborers  and  other  employees 
each  week,  and  the  amount  expended  for  material 
and  other  purposes,  with  such  other  information  as 
they  may  consider  desirable. 

Sec.  134.     The  Superintendent  of  Streets  during  Mar.27, ises,   §5. 
his  term  of  office,  shall  not,  directly  or  indirectly, 
save  as  the  representative  of  the  City,  be  engaged  or      y^^^  ^^  ^,g  g„. 
interested   in   any  contract   or   part   of  a  contract,   f^a^/t'^w-hh^dty.'^°" 
between  the  City  and  any  person,  firm,  company  or 
corporation ;  nor  shall  he,  save  as  the  representative 
of  the  City,  have  any  connection  with  the  subject 
matter  of  such  contract  ;neither  shall  he  engage  in 
any   other  business   which   will   interfere   with   his 
duties  as  provided  by  this  chapter,  or  engage  in  any 
work  for  any  person,  firm,  company  or  corporation. 


58 


SUPERINTENDENT     OF     STREETS. 


Mar.3,1837,     §1. 

Committee  on 
Streets,  with  the 
Mayor,  to  estab- 
lish regulations. 


lb.,    §    2. 

Su  perintendent 
of  Streets  to  obey 
all  orders  of  the 
Mayor  or  Com- 
mittee on   Streets. 


Penalty  for  neg- 
lect or  refusal  to 
obey  such  order. 


Penalty  for  op- 
posing or  molest- 
ing Street  Com- 
mittee or  Superin- 
tendent  of 
Streets. 


x,iay    27,1868,    §3. 
March    8,     1892. 

Repairs  and  im- 
provements to  be 
investigated  b  y 
Mayor  and  Com- 
mittee on   Streets. 


Mar.    14,   1893. 

Superintendent 
of  Streets  to  re- 
move all  garbage, 
&c.,  from  the 
streets. 


other  than  the  City,  which  he  may  be  called  upon 
in  any  way  to  pass  upon  in  behalf  of  the  City. 

Sec.  135.  The  Committee  on  Streets,  in  conjunc- 
tion with  the  Mayor,  shall,  from  time  to  time,  pre- 
scribe and  establish  such  regulations,  and  adopt  such 
measures  as  they  may  deem  expedient  for  filling  up, 
leveling,  and  keeping  in  proper  order  and  condition, 
all  the  streets,  lanes,  and  alleys  of  the  City. 

Sec.  136.  The  Superintendent  of  Streets  shall 
obey  all  orders  and  directions  he  may  from  time  to 
time  receive  from  the  Mayor  or  the  said  committee, 
appertaining  to  the  filling  up,  leveling,  and  keeping 
in  due  order  the  streets,  lanes,  and  alleys  of  the  City. 
And  for  neglect  or  violation  of  any  such  order  and 
direction,  or  refusal  to  perform  any  of  the  duties 
of  his  of^ce,  he  shall  be  liable  to  be  fined  by  the 
.Mayor  in  a  sum  not  exceeding  twenty  dollars,  to 
be  deducted  from  his  salary.  And  any  person  or 
persons  hindering,  opposing,  molesting,  or  prevent- 
ing any  member  of  the  said  committee  or  the  Sup- 
erintendent of  Streets  in  the  execution  of  any  order 
and  performance  of  any  duty  required  from  him 
under  this  Ordinance,  shall  forfeit  and  pay  the  sum 
of  fifty  dollars,  or  be  imprisoned  not  exceeding 
thirty  days  in  the  discretion  of  the  Court. 

Sec.  137.  All  repairs  and  improvements  neces- 
sar}^  shall  be  first  investigated  by  the  Mayor  and 
Committee  on  Streets ;  and  if  such  improvements 
are  agreed  upon,  and  the  estimated  cost  does  not 
exceed  one  hundred  dollars,  then  they  shall  cause 
the  vv^ork  to  be  done. 

Sec.  138.  The  Superintendent  of  Streets  shall 
be  required  to  have  the  dirt,  filth,  garbage  and  all 
kinds  of  ofTal  removed  from  the  streets,  lanes,  alleys 
and  open  courts  of  the  city;  and  the  said  dijrt.  filth, 
garbage  and  offal  shall  be  deposited  by  him  at  such 
place  or  places  north  of  Line  street  as  may  be  desig- 
nated by  the  Mayor,  with  the  sanction  of  the  City 
Council.     And  the  said  Superintendent,  in  addition 


STREETS. 


59 


to  the  foregoing,  shall  be  required  to  keep  the 
streets,  lanes,  alleys  and  open  courts  at  all  times 
clean  and  free  from  filth ;  to  keep  clean  and  free 
from  obstructions  the  gratings  of  the  public  drains 
and  the  gutters  along  the  sidewalks,  and  shall  also 
sweep  daily  the  stone  crossings  therein ;  and  as 
often  and  at  such  times  as  Mayor  or  Committee  on 
Streets  may  deem  necessary,  he  shall  have  the  paved' 
streets,  lanes,  alleys  and  open  courts  raked,  and  re- 
move and  deposit  the  sweepings,  scrapings  and  rak- 
ings  therefrom  at  such  place  or  places  north  of  Line 
street  as  the  Mayor  shall,  from  time  to  time,  desig- 
nate; Provided,  however,  that  the  Mayor  be  and  is 
hereby  authorized,  between  the  first  day  of  Novem- 
ber and  the  first  day  of  May  in  every  year,  when,  in 
his  judgment,  it  appears  for  the  public  good,  and 
after  obtaining  the  consent  of  the  Board  of  Health, 
to  direct  that  such  sweepings,  scrapings  and  rak- 
ings,  including  tree  trimmings  and  garden  clean- 
nings,  or  other  collections  from  the  streets,  free 
from  animal  or  other  offensive  matter,  shall  be  used 
in  the  filling  of  any  street  extensions  or  city  low 
lands ;  such  deposits  to  be  promptly  and  efifectually 
covered  with  clean  earth  or  sand. 


To       keep 
streets    clean. 


the 


Streets. 


All  dirt  and 
rubbish  thrown 
in  the  streets  the 
property  of  the 
City. 


Sec.  139.  All  dirt  and  rtibbish  thrown  out  of  any  Nov.  29,  1886. 
lot,  or  deposited  in  any  public  street  or  open  square, 
shall  belong  to  the  city,  and  it  shall  not  be  lawful 
for  any  person  to  take  away  or  demand,  or  ap- 
propriate the  same  to  his  own  use,  unless  by 
the  special  permission  or  direction  of  the  Mayor; 
and  if  any  person  shall  be  guilty  of  any  such 
offence  or  shall  remove  dirt  from  or  in  any 
way  injure  any  public  street  or  open  square,  he  or 
she  shall  be  liable  to  a  penalty  of  twenty  dollars,  or 
be  subject  to  imprisonment  not  exceeding  ten  days : 
Provided,. That  nothing  herein  contained  shall  be  Proviso, 
construed  to  apply  to  the  dirt  or  rubbish  connected 


60 


STREETS. 


Rubbish,  etc., 
to  be  removed 
from  premises  to 
street   by  owner. 


Nov.      20,      1806, 
§    4   amended. 

No  steps  to 
advance  into  any 
street. 


Penalty. 


with  th-e  erection  of  any  building,  which  shall  re- 
main subject  to  the  existing  regulations  on  that 
subject. 

Sec.  140.  It  shall  be  the  duty  of  all  persons  and 
corporations,  including  railroad  companies,  mills, 
wharves,  manufactories,  repair  shops,  builders,  con- 
tractors and  individuals  doing  mechanical  work,  to 
remove  from  their  premises  and  the  streets  adjoin- 
ing all  dirt,  rubbish,  and  all  trees  they  may  have 
trimmed  or  cut,  and  dirt  out  of  the  railway  tracks, 
waste  and  surplus  material,  at  their  own  expense, 
and  on  failure  so  to  do,  after  notice  by  the  Super- 
intendent of  Streets,  such  dirt,  rubbish,  waste  and 
surplus  material  shall  be  removed  by  the  city  at  the 
expense  of  the  offending  parties,  and  such  persons, 
firms  or  corporations  so  offending  shall  be  subject 
to  a  fine  not  exceeding  twenty-five  dollars,  or  im- 
prisonment  not  exceeding  ten   days. 

Sec.  141.  No  person  or  persons  whom  soever 
shall  advance  the  steps  of  any  house  or  building 
into  any  street,  nor  shall  any  person  or  persons 
make  or  erect  or  cause  to  suffer  to  be  made  or 
erected,  in  the  front  of  any  street,  lane,  alley  or  open 
court,  any  fixture,  annexation  or  projection  what- 
ever extending  or  to  extend  beyond  the  foundation 
of  the  house  or  building,  or  beyond  the  extremity 
of  the  lot  to  which  it  is  to  be  attached,  (signboards, 
awnings  made  of  cloth,  and  balconies  excepted),  un- 
der a  penalty  of  ten  dollars  for  each  and  every  such 
offence,  or  imprisonment  not  exceeding  ten  days, 
and  for  each  and  every  day  while  any  such  offence 
shall  or  may  continue;  besides  which,  all  such  steps, 
fixtures,  annexations  or  projections,  of  whatever  de- 
scription the  same  may  be,  as  shall  be  made  or  put 
up  contrary  to  the  provisions  herein  contained,  shall 
be  removable  at  the  expense  of  the  offending  party 
or  parties. 

Sec.  142.  The  Committee  on  Streets,  in  conjunc- 


STREETS. 


61 


Feb.     I,    1876, 


tion  with  the  Mayor,  shall  have  power  and  authority 

to  order  and  direct  the  manner  of  building,  alter-         '■  ^'  3- 

insr  and  repairing:  the  sidewalks,  and  to  order  and      Committee     on 

°  .  .        ,  .  .  Streets   and    May- 

determine  of  what  height  and  width  the  same  shall   or  to  direct  man- 

1  1         r         1  -11  11  1      11    1  "^''     °^     building 

be,  and  01  what  materials  the  walks  shall  be  com-  sidewalks,   &c. 
posed ;  with  power  to  alter  and  improve  those  al- 
ready made  in  such  way  and  manner  as  they  think 
the  public  convenience  requires. 

Sec.    143.      No  person   or  persons   whomsoever        ^^"   ^   ''' 
shall  suffer  any  fire-wood,  coals,  goods,  wares,^  mer-  cofis/goodX^e'tc'^,' 
chandise,  carriages  of  any  description,  or  any  other  "e^^gin^ '^"^i"^'^  the 
matter  or  thing,  to  him,  her,  or  them  belonging  or  streets  longer 

'^'  '  '  »      &  than    four    hours. 

consigned,  to  lay  or  stand  for  a  longer  space  than 
four  hours  in  any  street,  lane,  alley  or  public 
thoroughfare,  within  the  city,  under  a  penalty 
of  two  dollars,  with  costs,  for  every  hour  that 
such  article  or  thing  shall  so  lay  or  stand,  beyond 
the  above  mentioned  time,  after  notice,  or  imprison- 
ment not  exceeding  five  days ;  excepting  materials 
for  buildings,  in  regard  to  which  the  following 
regulation  shall  be  observed,  namely :  When  any 
person  or  persons  shall  erect  or  repair  any  house  or 
other  building  upon  any  street,  lane,  alley  or  open 
court,  within  the  city,  he,  she,  or  they  shall  make 
application  to  the  Committee  on  Streets  for  the  use 
of  so  much  of  the  street  or  public  way  as  shall  not 
exceed  the  front  of  the  lot  on  which  such  building 
is  to  be  erected,  nor  extend  more  than  six  feet  into 
the  street;  which  space  such  person  or  persons  shall 
forthwith  enclose,  with  a  sufficient  fence,  at  least 
six  feet  high,  in  order  to  deposit  within  the  same 
the  requisite  materials  for  building  and  repairing; 
and  such  fence,  together  with  the  remaining  mate- 
rials, he,  she  or  they  shall  remove  as  soon  as  the 
work  be  finished,  or  whenever  the  Committee  on 
Streets  shall  require  it;  and  failure  to  comply  with 
these  requirements  shall  subject  such  person  to  a  ^^"^''y- 
fine   not   exceeding   two   dollars,    or    imprisonment 


62 


STREETS. 


Nov.  20, 1806,     §8. 
Encroachment 
upon     the     streets 
to   be    removed. 


Penalty. 


Jan.    13,    1882. 

Unlawful  t  o 
throw  any  glass, 
&  c,  in  the 
streets. 


Unlawful  t  o 
throw  refvise 
meats,  bones,  etc., 
into   street. 


Penalty. 
Fruit    skins. 


Penalty. 


not  exceeding  five  days;  and  on  pain,  also,  of  hav- 
ing the  same  removed  at  his,  her  or  their  expense 
by  the  city. 

Sec.  144.  All  encroachments  upon  any  street, 
lane,  alley  or  open  court  and  all  obstructions  in  the 
way  of  foot  passengers,  not  contemplated  in  the 
foregoing  sections,  shall  be  removed  by  the  Superin- 
tendent of  Streets,  whenever  ordered  by  the  Com- 
mittee on  Streets ;  and  if  it  be  attended  with  any  ex- 
pense or  expenses  the  same  shall  be  defrayed  by 
the  person  or  persons  so  encroaching  upon  any 
street,  lane  or  open  court,  or  so  obstructing  any 
footway.  And  any  person  or  persons  hindering  or 
preventing  the  Superintendent  of  Streets  in  the  exe- 
cution of  any  such  duty  shall  be  liable  to  a  penalty 
of  fifty  dollars,  or  imprisonment  not  exceeding  fif- 
teen  days. 

Sec.  145.  That  if  any  person  shall  deposit  any 
glass  bottles,  broken  glass,  slate,  tiles,  bricks  or 
other  debris  in  any  roadway,  or  on  any  sidewalk  in 
the  limits  of  the  city  of  Charleston,  he  or  she  shall 
pay  for  each  offence  the  sum  of  five  dollars,  or  be 
liable  to  imprisonment  not  exceeding  five  days : 
Provided,  however,  that  nothing  herein  contained 
shall  apply  to  such  things  as  may  be  deposited  in 
piles  near  the  edge  of  the  sidewalk  for  removal,  as 
now  provided  by  law.  It  shall  not  be  lawful  for  any 
butcher,  green  grocer  or  any  person  connected  with 
the  public  market  or  green  groceries  in  the  city  of 
Charleston,  to  throw  into  the  streets  of  the  city  any 
refuse  meats,  bones,  heads  or  any  portion  of  any 
dead  animal,  and  for  each  and  every  offence  the 
person  so  offending  shall  pay  a  fine  of  five  dollars, 
or  be  liable  to  imprisonment  not  exceeding  five  days. 
If  any  person  shall  drop  or  put  any  fruit  skins  upon 
the  sidewalks  of  the  city,  he  or  she  shall  be  subject 
to  a  fine  of  five  dollars  for  each  and  every  offence, 
or  be  liable  to  imprisonment  not  exceeding  five  days. 


STREETS. 


63 


Sec.  146.    There  shall  be  laid  down  by  the  owner  Aug.  13,1851,   §i. 
or  occupant  of  each  lot  in  the  city,  having:  an  en-      Platform      re- 

J-  ,  J  '  <D  quired        to        en- 

trance for  carriages,  wagons,  carts  or  drays,  a  plat-  trances  for  carri- 

r  r  1  1  •  1  ages,    &€. 

form  of  wood  or  stone,  extendmg  not  more  than 
four  feet  from  the  curb  stone,  towards  the  center  of 
the  street ;  and  the  owner  or  occupant  of  any  such 
lot,  not  having  a  platform,  as  herein  required,  to 
protect  the  pavement  against  the  entrance  of  car- 
riages or  other  vehicles,  shall  be  subject  to  a  penalty 
of  five  dollars,  or  be  liable  to  imprisonment  not  ex- 
ceeding five  days ;  and  in  the  event  that  the  said 
pavement  becomes  broken  he  shall  pay,  in  addition 
to  the  aforesaid  penalty,  the  costs  and  charges  of  Penalty, 
mending  the  same,  and  also  the  sum  of  five  dollars 
for  each  day  the  same  shall  remain  so  broken. 

Sec.  147.     It  shall  not  be  lawful  for  any  corpora-  juiy  27,  isso,  §§ 
tion,  copartnership,  or  individuals,  to  take  up  any  septl'gf' 1884. 
sidewalk,  or  open  any  street,  for  any  purpose  what-      streets  not  to 
ever.     Whenever  it  shall  be  necessary  to  take  up  or  ^^.s.tp!ication    to 
open  any  sidewalk  or  roadway  within  the  corporate  °'^^"  streets, 
limits    of    the    city    of  Charleston,    an    application 
in  writing    must    be    made    to    the    Committee    on 
Streets,     stating    the    purposes     for    which     such 
opening   is   to   be   made,    and   the   length   of   time 
required    to    complete    the    proposed    work;    and 
after    such    application    shall    have    been    approved 
by    the    Mayor,     it    shall    be    the    duty    of    the 
Committee  on  Streets  to  make  the  opening  asked 
for,  and,  upon  the  completion  of  the  work  proposed 
to  be  done  by  such  applicants,  it  shall  be  the  duty 
of  the  Committee  on   Streets  to  restore  the  side- 
walks or  roadways  so  opened  in  the  most  thorough      Expense  to  be 

•'  '-  _  ^        paid      by      person 

and  workmanlike  manner,  keeping  a  careful  ac-  applying. 
count  of  the  entire  expense  incurred  for  the  opening 
and  closing  thereof,  which  shall  be  paid  to  the  City 
Treasurer  by  the  person  or  persons  on  whose  ac- 
count the  work  has  been  done,  so  soon  as  the  ac- 
count   is    correctly    stated    by    the    Committee    on 


64 


STREETS. 


Mayor   to   grant 
permission. 


lb.,    §    3- 


Committee       t  o 
require     security. 


lb.,    §    4- 


Penalty. 


Sept.    ID,    :895. 

New  streets  to 
be  not  less  than 
sixty    feet    wide. 


Streets  or  side- 
walks not  be  op- 
e  n  e  d  without 
written  permis- 
sion of  Superin- 
tendent  of 
Streets. 


Streets  and  approved  by  the  Mayor:  Provided, 
That  the  Mayor  shall  have  authority  to  grant 
permission  to  companies  or  corporations  having 
in  their  employ  skilled  workmen  to  make,  un- 
der the  supervision  of  the  Superintendent  of 
Streets,  said  openings,  and  restore  the  sidewalks  or 
roadways  so  opened,  upon  giving  sufficient  guaran- 
tee to  be  approved  by  the  Mayor,  to  restore  the  side- 
walks or  roadways  so  opened  in  the  most  thorough 
and  workmanlike  manner,  and  keep  the  same  in 
good  repair  for  the  space  of  twelve  months  after  the 
date  of  such  opening. 

Sec.  148.  It  shall  be  the  duty  of  the  Committee 
on  Streets  to  demand  good  and  sufficient  security 
for  the  prompt  payment  by  the  applicant  for  the 
work  so  required  to  be  done,  or  a  deposit  in  cash 
equal  to  the  full  estimated  cost  of  such  work,  before 
they  shall  open  any  street  or  sidewalk. 

Sec.  149.  Any  person,  copartnership  or  corpora- 
tion, who  shall  open  any  street,  sidewalk  or  road- 
way, contrary  to  the  provisions  of  this  chapter,  shall 
be  subject  to  a  penalty  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars,  to  be  recovered  in 
any  Court  of  competent  jurisdiction.  And  no  new 
street  shall  be  opened  in  the  City  of  Charleston 
which  is  not  at  least  sixty  feet  in  width,  and  which 
if  its  direction  is  from  east  to  west  or  the  reverse. 
is  not  designed  to  run  continuously  from  river  to 
river.  > 

Sec.  150.  That  no  person,  firm  or  corporation 
shall  be  allowed  to  dig  up  or  disturb  the  surface 
of  the  earth  in  any  street,  or  to  take  up  any  side- 
walk, or  open  any  street  for  the  purpose  of  laying 
any  pipe  or  tile,  or  building,  erecting  or  construct- 
ing any  drain,  sewer  or  underground  vault,  or  re- 
pairing same,  or  doing  any  plumbing  work  whatso- 
ever on  said  streets,  without  the  written  permission 
of  the  Superintendent  of  Streets,  which  said  writ- 


VACANT  LOTS— CELLAR   DOORS.  55 

ten  permission  shall  be  given  by  him  to  such  per- 
sons, firms,  brick  masons  or  corporations  only  as 
are  regularly  licensed  by  the  city  to  do  and  perform 
such  work. 

Any  person,  firm,  and  in  the  case  of  corporations, 
any  officer  or  officers  thereof,  found  guilty  of  violat- 
ing this  ordinance,  shall  be  fined  not  more  than  one 
hundred  dollars  or  be  imprisoned  not  more  than 
thirty  days. 

Vacant  Lots. 

Sec.  151.  It  shall  be  the  duty  of  all  persons  own-  ^^^-  '''  '^^°- 
ing  vacant  lots  within  the  City  of  Charleston  to  be\en^ced.  '°*^  *° 
have  the  same  securely  fenced,  and  to  keep  the  said 
fences  in  repair.  And  it  shall  be  the  duty  of  the 
Committee  on  Streets  to  have  fences  built  around 
all  vacant  lots  if  the  owners  of  the  said  lots  fail  to 
build  such  fences  themselves  after  being  notified  in 
writing,  and  the  whole  expense  of  building  said 
fences  shall  be  assessed  on  the  owners  of  the  lots. 

Cellar  Doors. 

Sec.   152.     Every  cellar  door  or  cellar  covering,  juiy  23.  1838,  §i. 


which  shall  be  made  or  constructed  in  the  pave-  Construction  of 
ments  or  sidewalks  of  any  street,  lane  or  alley,  shall 
be  placed  upon  the  same  level  exactly  as  the  surface 
of  such  pavement  or  sidewalk,  and  shall  be  made  of 
some  good  and  substantial  materials,  fitted  to  rest 
upon  sills  of  stone,  fixed  in  pavement  or  sidewalk, 
where  there  are  pavements ;  and  where  there  are  no 
pavements,  then  the  sills  of  any  cellar  door  shall  be 
so  placed  as  not  to  project  above  the  surface  of  such 
cellar  door  constructed  as  aforesaid.  And  if  any 
cellar  door  or  covering  shall  be  made  or  constructed 
in  any  manner  contrary  to  the  foregoing  provis- 
ions, the  persons  so  making  or  constructing  the 
same  shall  be  liable  to  a  penalty  of  one  hundred  dol-  Penalty. 
5 


66 


CELLAR    DOORS. 


Nov.  20, 1806,     §4. 

Not  to  extend 
more  than  four 
feet. 


Penalty. 


Feb.  24, 1817,    §1. 

Cellar  doors  to 
be  repaired  when 
necessary. 


Penalty. 


Nov.  20, 1806,     §6. 

Cellar  doors  not 
to    be    kept    open. 


lars,  or  imprisonment  in  jail  not  exceeding  ten  days, 
for  every  offence;  and  the  owner  or  tenant  of  the 
building  to  which  the  cellar  belongs,  and  for  which 
such  door  or  covering  shall  have  been  constructed 
or  made,  shall  be  liable  to  a  penalty  of  five  dollars, 
for  every  w^eek  during  which  such  cellar  door  or 
covering  shall  remain  contrary  to  the  provisions 
herein  contained. 

Sec.  153.  Nor  shall  any  person  or  persons  make, 
or  cause  or  suffer  to  be  made,  any  cellar  door  in 
front  of  any  street,  lane,  alley  or  open  court,  which 
shall  extend  more  than  four  feet  beyond  the  founda- 
tion of  the  house  or  building  to  which  it  appertains, 
(except  where  foot  pavements  are  not  four  feet 
wide,  in  which  case  cellar  doors  shall  not  extend  be- 
yond the  width  of  such  pavement),  under  a  penalty 
of  ten  dollars  or  imprisonment  not  exceeding  five 
days  for  each  and  every  such  offence,  and  for  each 
and  every  day  while  any  such  offence  shall  or  may 
continue. 

Sec.  154.  Whenever  it  becomes  necessary,  from 
decay  or  any  other  cause,  that  a  cellar  door  should 
be  repaired,  it  shall  be  the  duty  of  the  Chief  of  Po- 
lice, or  Superintendent  of  Streets,  to  give  immediate 
notice  to  the  owner  of  the  premises,  or  his  agent, 
that  unless  the  same  be  repaired  without  delay,  the 
City  will  proceed  to  repair  the  same  at  the  cost  of 
the  owner  or  owners  of  said  premises,  the  amount 
so  expended  to  be  recovered  in  any  court  of  compe- 
tent jurisdiction  ;and,  in  addition  thereto,  a  penalty 
of  five  dollars  will  accrue,  to  be  collected  in  like 
manner  as  aforesaid,  for  every  cellar  door  thus  re- 
paired by  the  City  as  aforesaid,  to  their  use  and 
benefit :  Provided,  Said  repairs  be  made  with  the 
consent,  and  to  the  satisfaction  of  the  Mayor  and 
Committee  on  Streets. 

Sec.  155.  No  person  or  persons  whomsoever, 
shall  keep  any  cellar  door  or  cellar  doors,  in  front 


LAMPS  AND   LAMP   POSTS. 


67 


of  any  street,  lane,  alley,  or  public  thoroughfare,  or 
on  any  foot  pa\'ement,  open  at  night,  or  longer  open 
in  the  day  time  than  while  the  same  is  or  are  in  im- 
mediate use,  under  a  penalty  of  twenty  dollars,  for  Penalty, 
each  and  every  such  offence,  and  for  each  and  every 
night  or  day,  as  the  case  may  be,  on  which  any 
such  offence  is  committed :  Provided,  That  no  fine  Proviso, 
shall  be  incurred,  for  keeping  a  cellar  door  or  cellar 
doors  open  in  the  day  time,  if  the  same  be  provided 
with  a  grading  or  other  temporary  cover,  at  least 
two  feet  in  width,  so  as  not  to  obstruct  or  endanger 
foot  passengers. 

Lamps  and  Lamp  Posts. 


Sec.  156.  Any  light  company  shall  be  authorized 
to  lay  pipes  and  to  erect  posts  and  lamps  for  the  pur- 
pose of  lighting  the  city,  according  to  their  contract 
with  the  City  Council,  and  to  such  contracts  as  they 
may  make  with  private  persons  agreeably  to  their 
charter ;  and  any  person  or  persons  who  shall  wil- 
fully break  any  lamp  or  part  thereof,  or  who  shall 
remove  any  lamp  or  lamp  posts  from  the  place 
where  they  are  fixed,  shall,  for  each  and  every  such 
offence,  be  subject  to  a  penalty  not  exceeding  one 
hundred  dollars.  And  if  any  person  or  persons  shall 
take  a  burner  or  burners  from  any  lamp  or  lamps, 
every  such  person  shall,  for  each  and  every  such 
offence,  be  subject  to  a  penalty  not  exceeding  one 
hundred  dollars. 

Sec.  157.  It  shall  not  be  lawful  for  any  person 
or  persons  to  tie,  fasten  or  secure  any  horse,  mule 
or  other  animal,  to  any  lamp  post,  tree  or  tree 
box,  within  the  limits  of  the  city,  under  a  penalty 
of  five  dollars,  or  be  imprisoned  not  more  than 
thirty  days  in  jail  for  every  such  offence ;  and  any 
person  or  persons  violating  this  section  shall,  in  ad- 
dition to  the  above  penalt}^  pay  to  the  city  all  dam- 


Jan.   5,   1830,   §1. 
May  22,  1849,  §5. 

Gas  Light  Com- 
pany authorized 
to  lay  pipes,  &c. 


Penalty  for 
breaking  or  re- 
moving lamps  or 
lamp    posts. 


Penalty  for  tak- 
ing burners  from 
lamps. 


Oct.   29,   1838,   §1. 
March    14,    1892. 

Horses,  &  c, 
not  to  be  tied 
to   lamp  posts. 


68 


TREES. 


Penalty. 


ages,  not  exceeding  twenty  dollars,  which  may  be 
occasioned  to  any  lamp  post,  tree  or  tree  box,  from 
any  horse,  mule  or  other  animal  which  may  be  tied, 
fastened  or  secured  to  such  lamp  post,  tree  or  tree 
box;  which  penalty  and  damages  shall  be  recover- 
able in  any  court  having  jurisdiction  thereof. 


Trees. 


Aug.  26,   1839,  §  I. 
March   14,    1893. 

Regulations  for 
the  planting  of 
trees  on  the 
streets. 


Sept.    6,     1895. 

Appropriation 
for. 


March  14,  1893. 

Owners  of  lots 
may  plant  trees 
with  approval  of 
Commissioners. 


IT). 


Penalty  for  de- 
stroying or  in- 
juring trees. 


Sec.  158.  A  Special  Commission  of  three  citi- 
zens consisting  of  Aldermen,  or  citizens  other  than 
Aldermen, -or  of  both  classes,  and  to  be  known  as 
"The  Commissioners  for  the  planting  and  protect- 
ing of  Shade  Trees,"  shall  be  appointed  by  his 
Honor  the  Mayor. 

There  shall  annually  be  placed  at  the  disposal  of 
the  said  Commissioners  such  sum  or  sums  as  may 
be  appropriated  by  City  Council  for  the  purchase 
and  planting  of  shade  trees  and  for  the  care  and 
attention  of  trees  already  planted,  or  to  be  planted 
hereafter. 

All  vacancies  occurring  among  the  Commission- 
ers shall  be  filled  by  appointment  of  the  Mayor. 

Sec.  159.  Any  owner  or  lessee  of  any  house  or 
lot  within  the  City  may  plant  any  tree  or  trees  in 
any  street,  lane,  alley,  or  open  court,  in  front  of  any 
such  house  or  lot  at  his  own  expense,  provided 
that  the  kind  or  species  of  the  tree  or  trees  to  be 
planted,  the  distances  apart,  and  the  distance  from 
the  edge  of  the  sidewalk  be  first  approved  by  the 
said  Commissioners,  who  shall  have  the  right  to 
remove  any  tree  or  trees  which  may  be  dangerous 
decayed  or  otherwise  objectionable. 

Sec.  160.  Any  person  or  persons  who  shall  wil- 
fully break  down,  destroy,  injure,  mutilate  or  re- 
move any  tree  or  trees  already  planted,  or  hereafter 
to  be  planted,  or  any  of  the  boxes  which  shall  or 
may  encompass  them,  in  any  street,  lane,  alley,  or 


WHARVES.  59 

open  court  within  the  city,  shall,  for  each  and  every 
such  offence,  be  subject  to  a  penalty  of  twenty 
dollars  or  imprisonment  not  exceeding  ten  days ; 
and  it  shall  not  be  lawful  to  cut  away  the  limbs  or 
branches  of  any  tree  or  trees  already  planted  or 
hereafter  to  be  planted  for  the  purpose  of  erecting 
posts  or  suspending  wires  for  electric  light,  tele- 
graph or  telephone  or  fire  alarm  service  without  the 
express  permission,  in  writing,  of  said  commission- 
ers, under  a  penalty  of  twenty  dollars  or  imprison- 
ment in  jail  not  exceeding  thirty  days  for  each 
and  every  violation  of  this  section. 

Wharves. 

Sec.   i6i.     It  shall  not  be  lawful,  at  any  period  Aug.  19,  1839,  §1. 
between  the  first  day  of  May  and  the  first  day  of  — '■ — '- '■ — '- 

-•T  1  •  1  1  r  Unlawful         to 

November,  in  each  and  every  year,  tor  any  owner  throw  any  mud 
or  owners,  lessee  or  lessees,  tenant  or  occupant,  of  upo"  any^  wharff 
any  wharf  or  wharf  lot  within  the  city,  to  throw,  ^^'^• 
place  or  carry,  or  cause  or  suffer  to  be  thrown, 
placed  or  carried,  any  substance  or  matter  of  an 
offensive  character,  to  or  upon  the  side  or  surface 
of  any  such  wharf  or  wharf  lot;  and  if  any  owner 
owners,  lessee  or  lessees,  tenant  or  occupant  of  any 
wharf  or  wharf  lot  within  the  city,  shall,  at  any 
time  after  the  first  day  of  May  and  before  the  first 
day  of  November,  in  each  and  every  year,  throw, 
place  or  carry,  or  cause  or  suffer  to  be  thrown, 
placed  or  carried,  any  substance  of  matter  of  an 
offensive  character,  to  or  upon  the  side  or  surface 
of  any  wharf  or  wharf  lot,  such  owner  or  owners, 
lessee  or  lessees,  tenant  or  occupant  herein  offend- 
ing shall  for  each  and  every  offence  be  subject  to 
a  penalty  not  exceeding  one  hundred  dollars,  or  im- 
prisonment in  jail  not  exceeding  thirty  days. 

Sec.  162.     It  shall  not  be  lawful  for  any  owner 
or  owners,  lessee  or  lessees,  tenant  or  occupant  of 


70 


VVHARNES. 


lb. 

.   S    I. 

lb. 

,     §     2. 

Unlawful 

for 

any   owner   to   fill 

up   any 

whai 

■f    or 

wharf 

lots 

with 

mud      1 

from 

any 

docks. 

Penalty. 


Dec.   17,  1845,  §2. 

Unlawful  t  o 
throw  fruit  into 
the   docks. 


Penalty. 


Aug.   19,  1839,  §3. 
Dec.  17,  184s,  §3. 

Fines  where 

recovered. 


Jan.   19,    1858,   §1. 

Smoking  and 
carrying  matches 
on  the  wharves 
prohibited. 


Penalty. 


any  wharf  or  wharf  lot,  to  fill  in  or  make  up  any 
wharf  or  wharf  lot,  in  whole  or  in  part,  with  any 
substance  or  matter  of  an  offensive  character ;  and 
if  any  owner  or  owners,  lessee  or  lessees  of  any 
wharf  or  wharf  lot,  shall  at  any  time  hereafter  fill 
in  or  make  up  any  wharf  or  wharf  lot,  in  whole  or 
in  part,  with  any  substance  or  matter  of  an  offensive 
character,  such  owner  or  owners,  lessee  or  lessees, 
shall  for  each  and  every  offence  be  liable  to  a  fine 
not  exceeding  one  hundred  dollars,  or  imprisonment 
not  exceeding-  thirty  days. 

Sec.  163.  It  shall  not  be  lawful  for  any  person 
or  persons  to  cast  or  throw,  or  to  be  cast  or  thrown, 
into  any  of  the  docks  within  the  city,  from  on  board 
any  vessel  or  from  any  other  place  whatsoever,  any 
kind  of  decayed  fruit  or  vegetables ;  and  any  person 
or  persons  herein  offending  shall  be  liable  to  a  fine 
not  exceeding  one  hundred  dollars  for  every  such 
offence,  or  imprisonment  not  exceeding  thirty  days. 

Sec.  164.  All  fines  and  forfeitures  incurred  un- 
der the  three  preceding  sections  of  this  Ordinance 
may  be  recovered  in  any  court  of  competent  juris- 
diction, one-half  thereof  for  the  use  of  the  person 
who  shall  prosecute  the  offender  to  conviction,  and 
the  remainder  for  the  use  of  the  City. 

Sec.  165.  It  shall  not  be  lawful  for  any  person 
to  smoke  or  carry  any  lighted  cigar  or  pipe,  or  to 
use  or  carry  matches  commonly  known  as  parlor 
matches,  on  any  wharf  of  the  City,  or  on  any  street 
leading  to  any  wharf,  to  the  Eastward  of  East  Bay 
Street,  or  of  Washington  Street  (Market  Street  and 
the  Ferry  Wharf,  at  its  East  End,  excepted,)  un- 
der a  penalty  of  five  dollars  for  each  offence,  or  im- 
prisonment in  Jail  not  exceeding  thirty  days  in  the 
discretion  of  the  Court ;  and  one  or  more  policemen 
shall  be  detailed  to  keep  a  daily  watch  on  the  said 
wharves  for  the  more  efficient  enforcement  of  this 
section. 


MILL    PONDS— TIDAL    DRAINS.  7^ 

Sec.  166.  The  South  end  of  Council  Street  is  Oct.  28.  1853.  §i. 
hereby  estabHshed  as  a  place  of  landing  for  persons  South  end  of 
and  boats,  for  the  use  of  the  inhabitants  of  the  City  established    as   a 

public   landing. 

and  of  the  surroundnig  country, 

Mill  Ponds. 

Sec.  167.    It  shall  not  be  lawful  at  any  time  from  Nov.  30,  issi. 
die  first  day  of  May  until  the  first  day  of  December      Not   lawfui   to 
to  allow  the  water  to  be  drained  off  from  any  mill  ^"'"  '"'"  p"""^^- 
pond  or  basin  wherein  the  water  is  confined  by  flood 
gates  or  locks  within  the  limits  of  the  City,  so  as  to 
expose  the  beds  thereof,  except  under  such  rules  and 
regulations  as  may  be  provided  by  the   Board  of 
Health,    unavoidable    accidents    and    disasters    ex- 
cepted. The  flood  gates  and  locks  of  each  and  every 
mill  pond  or  basin  wherein  the  water  is  confined, 
within  the  limits  of  the  City,  shall  be  so  constructed     construction  of 
that  the  tide  shall  flow  in  and  out  of  the  same  for  '"'^^*" 
the  space  of  at  least  one  hour  at  each  and  every  flood 
and  ebb  tide,  or  in  default  of  such  construction  that 
the  flood  gates  or  locks  of  such  mill  pond  or  basin 
shall  be  opened  at  least  once  in  every  twenty-four 
hours,  for  the  space  of  one  hour  on  the  flood  tide 
and  one  hour  on  the  ebb  tide.     Any  person  or  per- 
sons who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  liable  to  a  fine  of  fifty  dollars  for  penalty. 
each  and  every  offence,  and  an  additional  penalty 
of  ten  dollars  for  each  and  every  day  that  the  viola- 
tion shall  continue,  after  due  notice  in  writing  from 
the  Board  of  Health  or  Health  Oflicer. 

Tidal  Drains. 

Sec.  168.     City  Council  shall  on  2nd  Tuesday  in    Feb."  2/,  1898.' 
January,  1907,  and  every  four  years  thereafter  elect      Keeper  of  Tidai 

T^  i-'-T-'-ii-r^-  11-        i,-  1  Drains  elected 

a  Keeper  01  i  idal  Drains ;  and  his  duties  and  com-   annually. 
pensation  shall  be  as  hereinafter  declared. 


72 


TIDAL    DRAINS. 


lb.,    §2. 


To    keep    a    re- 
cord book. 


lb.,   §    3- 

To   flush   drains 
daily. 


May    II,     1892. 
Flushing. 


lb. 


Gates  to  be 
kept  open  at 
night. 


lb. 

Gates  to  be 
kept  open  during 
heavy  fall  of  rain. 


Dec.   II,   1866,  §7. 

Daily     examina- 
tion  of  sand  pits. 


Report     weekly. 


lb.,   §    8. 
Dec.  26,   1889. 

Examination  of 
main  and  lateral 
drains. 


Sec.  169.  The  Keeper  of  the  Tidal  Drains  shall 
keep  a  record  book,  in  which  he  shall  note,  in  writ- 
ing, everything  relating  to  the  drains ;  and  his  book 
shall  be  always  accessible  to  the  Mayor  and  Commit- 
tee on  Tidal  Drains  for  examination. 

Sec.  170.  It  shall  be  his  duty  to  "flush"  the 
drains  daily,  or  as  often  as  he  may  be  directed  so  to 
do,  from  time  to  time,  by  the  Committee  on  Tidal 
Drains. 

Sec.  171.  The  "flushing"  shall  be  done  as  fol- 
lows, viz :  In  fair  weather  and  between  sunrise  and 
sunset,  if  the  state  of  the  tide  permits,  the  gates  shall 
be  closed  at  high  water.  When  the  tide  has  fallen, 
and  before  the  return  of  the  next  tide,  all  of  the 
gates  shall  be  opened  for  the  water  to  rush  out,  and 
the  gates  shall  not  be  closed  again  until  the  follow- 
ing day. 

Sec.  172.  At  night  the  gates  shall  always  be 
kept  open  unless  otherwise  ordered  by  the  Mayor  or 
the  Committee,  and  the  Keeper  of  the  Tidal  Drains 
will  be  held  to  strict  account  for  any  violation  of  this 
section. 

Sec.  173.  Whenever  heavy  falls  of  rain  occur 
the  gates  must  be  kept  open  to  avoid  overflowing 
or  straining  the  drains,  and  to  give  free  exit  for 
the  rainfall. 

Sec.  174.  He  shall  make  regular  daily  examina- 
tions of  the  "sand-pits,"  removing  the  covers  of  the 
"man-holes"  in  turn,  and  sounding  them  to  see 
what  accumulation  of  solid  matter  has  taken  place 
in  them,  and  cleaning  them  out  as  often  as  necessary. 
He  shall  note  in  the  record  book  the  condition  of  ev- 
ery pit  he  examines,  and  make  written  reports 
weekly,  or  as  often  as  he  may  be  required  to  do  so, 
to  the  Mayor  and  to  the  Committee,  of  all  operations 
of  his  in  flushing  and  cleaning. 

Sec.  175.  He  shall  make  careful  examinations 
of  the  condition  of  the  drains,  both  mains  and  later- 


TIDAL    DRAINS. 


72> 


als,  by  passing  along  the  whole  course  of  them 
daily,  or  as  often  as  the  committee  may  require ; 
cleaning  the  openings  of  the  laterals  of  sand  or  other 
solid  matter  liable  to  be  carried  into  them  by  rain, 
wind,  or  the  wheels  of  passing  vehicles,  and  feet  of 
animals  or  men,  and  otherwise  providing  for  their 
perfect  preservation  from  all  avoidable  obstructions, 
and  he  shall  note,  in  the  record  book,  everything  re- 
quiring attention,  and  give  account  of  it  in  his 
reports.  All  connections  of  Private  Drains  with 
Tidal  Drains,  shall  be  made  under  the  supervision 
of  the  Tidal  Drain  Keeper,  and  no  permit  shall  be 
issued  to  any  citizen  unless  the  Tidal  Drain  Keeper 
be  immediately  notified. 

Sec.  176.  Each  "man-hole"  and  corresponding 
"sand-pit"  shall  be  designated  in  the  report  by  num- 
bers and  so  entered  in  the  record  book  o£  the  Keeper 
of  Tidal  Drains. 

Sec.  I  yy.  And  the  better  to  enable  him  to  accom- 
plish all  the  work,  it  shall  be  competent  for  him  to 
employ  labor  for  cleaning  out  the  drains,  subject  to 
the  approval  of  the  Mayor  and  the  committee. 

Sec.  178.  For  the  faithful  performance  of  his 
duties  as  above  detailed,  he  shall  be  responsible  to 
the  Mayor,  and  also  to  the  Committee  on  Tidal 
Drains ;  and  he  shall  at  no  time  draw  any  salary,  or 
part  thereof,  without  having  first  obtained  the 
endorsement  of  the  chairman  of  that  committee  as 
a  voucher  that  he  has  faithfully  performed  his  duty. 

Sec.  1 79.  And  for  these  services  he  shall  be  enti- 
tled to  a  salary  at  the  rate  of  nine  hundred  dollars 
per  annum,  to  be  paid  him  monthly,  as  above 
prescribed ;  and  should  he  at  any  time,  be  convicted 
before  Council  of  anv  such  neglect  of  dutv  as  in 
their  judgment  may  justify  his  removal  from  office, 
the  place  shall  be  declared  vacant,  the  salary  cease 
to  accure,  and  another  keeper  be  promptly  elected 
bv  Council. 


Keep  drains 
clear  of  all  ob- 
structions. 


May 


1892. 


Manholes  and 
sandpits  to  be 
designated  b  y 

numbers  in  re- 
port book  of  keep- 
er. 

Dec.  1 1,  1866,    §10. 


Labor. 


lb.,    §11 


Responsible  for 
faithful  perform- 
ance   of    duty. 

Manner  of 
drawing   salary. 


lb.,   §    12. 
March   5,    1895. 

Salary. 


For  neglect  of 
duty  to  be  re- 
moved. 


74 


DRAINS. 


Drains. 


March    28,     1893. 

Lots  must   have 

drains  connecting 

with  public 
drains. 


Xov.  20,  1806,   §20. 

Private  drains 
to  be  cleansed 
when    choked. 


To    be    done    at 
expense  of  owner. 

I n te  rf e  rence 

with  cleansers  un- 
lawful. 


Penalty. 


Sec.  180.  Every  lot  bounding  on  a  street  in 
which  there  is  a  ptibHc  drain  shall  have  a  drain 
therein  of  brick,  stone,  iron  or  clay  pipe  connecting 
the  said  lot  with  the  said  public  drain,  the  same  to 
be  constructed  under  the  direction  of  the  Board  of 
Health,  under  a  penalty  of  twenty  dollars  for  failing 
to  have  such  a  drain  connection  and  also  of  ten  dol- 
lars for  every  day  that  such  drain  connection  shall 
not  be  made  after  notice  to  make  the  same  shall  be 
given  by  the  Board  of  Health  to  the  owner  or  occu- 
pant of  said  lot :  Provided  always,  that  where  a 
lot  bounds  upon  two  streets,  in  each  of  which  there 
is  a  public  drain,  a  connection  with  either  shall  be  a 
compliance -with  this  section. 

Sec.  181.  Whenever  the  Mayor  is  informed  or 
hath  reason  to  suspect  that  any  private  drain,  lead- 
ing into  and  connected  with  a  public  drain  or  sewer, 
is  choked  or  filled  with  dirt,  it  shall  and  may  be 
lawful  to  and  for  him  to  order,  through  the  police, 
or  through  the  Superintendent  of  Streets,  the 
cleansing  of  such  private  drain ;  and  if  the  owner 
or  occupant  of  the  lot  from  which  said  private  drain 
proceeds  should  not,  within  ten  days  after  notice 
being  given  by  the  police  or  superintendent  afore- 
said, have  the  same  duly  cleansed,  it  shall  be  done 
at  the  expense  of  such  owner  or  occupant,  and  the 
costs  and  charges  shall  be  recovered  from  such 
owner  or  occupant  in  any  court  having  jurisdiction. 
If  any  person  or  persons  shall  molest,  abuse,  or 
repel  any  workman  employed  in  cleansing  any  such 
private  drain,  every  such  person  shall,  for  each  and 
every  such  offence,  be  liable  to  a  penalty  of  fifty 
dollars  or  imprisonment  not  exceeding  thirty  days. 

Sec.  182.  It  shall  not  be  lawful  for  any  person, 
company,    or   body   corporate,    to   open,    perforate, 


SEWER    COMMISSIONERS. 


75 


break,  or  injure  any  public  drain,  or  carry  or  con-  Aus- 11.1857,   §2- 
duct  any  pipe  or  other  conduit  throusfh  the  same,   .  Unlawful  to  in- 

J     r  t-  a>  '    jure     any     public 

under  a  penalty  of  twenty  dollars  or  imprisonment  drain, 
not  exceeding  ten  days  for  each  and  every  offence. 

Sec.  183.  It  shall  not  be  lawful  for  any  person  to 
connect  any  private  drain  with  a  public  drain  with- 
out having  first  obtained  assent  of  the  Mayor 
thereto,  under  a  penalty  of  twenty  dollars,  or  im- 
prisonment not  exceeding  ten  days  for  each  and 
every  offence. 


lb.,    §    3- 

Unlawful  t  o 
connect  a  pri- 
vate with  a  pub- 
lic drain  without 
consent  of 

Mayor. 


Coiiiniissioiicrs  for  the  Separate  Sanitary  Sewerage 

Svstem. 


IJoard     created. 


Of    whom 
posed. 


Sec.  184.  A  Board  of  Sewer  Commissioners  Aug.  13,1895.  §i- 
shall  be,  and  the  same  is  hereby  created,  whose  duty 
it  shall  be  to  provide  for  and  direct  the  maintenance 
and  control  of  the  new  separate  system  of  sewerage, 
with  its  connections  and  appurtenances,  as  already 
constructed  or  as  its  construction  may  hereafter  be 
continued  in  the  City  of  Charleston. 

The  said  Board  shall  consist  of  seven  members, 
five  of  whom  shall  be  appointed  by  the  City  Council 
upon  the  nomination  of  the  Mayor  as  herein  below 
provided,  and  the  remaining  two  members  shall  con- 
sist of  the  Mayor  and  the  Health  Officer  e.v  officio. 

The  City  Council  shall  appoint,  upon  the  nomina- 
tion of  the  Mayor,  as  .aforesaid,  one  citizen  to  the 
Board  of  Sewer  Commissioners  for  the  term  of  one 
year,  one  citizen  for  the  term  of  two  years,  one  citi- 
zen for  the  term  of  three  years,  one  citizen  for  the 
term  of  four  years  and  one  citizen  for  the  term  of 
five  years,  reckoning  from  the  date  of  said  appoint- 
ments, respectively.  At  the  expiration  of  the  first 
year,  and  of  each  following  year,  the  City  Council 
shall  appoint,  in  like  manner,  one  citizen  to  the 
Board  for  the  term  of  five  years. 


How    appointed. 


The  Board  of  Sewer  Commissioners  shall  organ- 


Organization. 


76 


SEWER    COMMISSIONERS. 


Quorum. 


Meetings. 


lb.,    §    2. 


Powers 
Board. 


of 


ize  with  a  chairman  and  secretary,  to  be  chosen  from 
among  their  number  as  soon  as  practicable  after 
each  annual  election.  Not  less  than  four  members, 
including  either  the  Mayor  or  the  City  Health  Offi- 
cer, shall  constitute  a  quorum  for  the  transaction  of 
business  at  any  meeting  of  the  Board. 

The  Board  of  Commissioners  shall  meet  once  in 
each  month  in  regular  session.  Other  meetings  may 
be  called  upon  the  request  of  two  members  of  the 
Board,  or  when  in  the  judgment  of  the  chairman, 
the  exigencies  of  the  occasion  shall  require. 

Sec.  185.  The  Board  of  Sewer  Commissioners 
shall  have  full  charge  and  control  of  the  entire  sew- 
erage system  of  the  City  and  its  connections,  and 
shall  make  and  control  all  expenditures  of  moneys 
appropriated  for  the  maintenance,  operation  and  con- 
struction of  the  same.  It  may  make  all  rules  and 
regulations  relating  to  the  operation  and  construc- 
tion of  all  sewers  and  their  connections,  as  well  as 
all  appliances  which  may  be  attached  thereto ;  and 
it  is  authorized  to  provide  for  and  secure  suitable 
quarters  or  rooms  for  properly  conducting  the  bus- 
iness of  the  Board. 

Sec.  186.  The  Board  of  Sewer  Commissioners 
of  srwers  To  ^be  shall  clcct,  as  soou  as  practicable  after  its  organiza- 
^^^  ^  ■    ,  tion,  a  superintendent  of  sewers,  and  such  other  offi- 

cers and  assistants  as  in  its  opinion  is  necessary  to 
carry  on  and  maintain  an  effective  sewerage  system 
for  the  City. 

The  Superintendent  of  Sewers  appointed  by  the 
Board  shall  be  an  experienced  civil  engineer.  He 
shall  hold  office  for  the  term  of  two  years  from  the 
day  of  his  election  and  until  his  successor  shall  be 
elected  and  shall  receive  an  annual  salary  of  one 
thousand  dollars  in  uniform  monthly  payments.  He 
shall  have  full  control  and  authority  under  the  direc- 
tion of  the  Board,  of  and  over  the  maintenance  and 
operation  of  the  entire  sewerage  system  and  its  ap- 
purtenances. 


lb.,  §  3. 


Term  of  office. 


Salary. 


Duties. 


SEPARATE   SANITARY   SEWERAGE   SYSTEM. 


11 


The  Superintendent  of  Sewers  may  be  removed 
from  ofifice,  for  incompetency,  for  neglect  of  duty, 
for  continued  disability  or  for  flagrant  offences 
against  the  law,  by  a  vote  of  a  majority  of  the 
Board. 

Sec.  187.  The  term  of  service  and  the  salaries 
or  payments  for  service  of  all  other  officers,  assist- 
ants or  employees  shall  be  determined  by  the  Board, 
subject  to  the  approval  of  the  City  Council. 

Sec.  188.  In  the  case  of  the  death,  permanent 
disability,  resignation  or  removal  from  the  City  of 
anv  member  of  the  Board  of  Sewer  Commissioners, 
the  City  Council  shall  appoint,  in  the  manner  herein- 
above directed  in  Section  184,  a  citizen  to  serve  as 
a  member  of  the  Board  for  the  unexpired  term. 

Sec.  189.  On  or  before  the  first  meeting  of  the 
City  Council  in  January  of  each  year  the  Board  of 
Sewer  Commissioners  shall  submit  through  its 
chairman,  to  the  Committee  on  Ways  and  Means 
of  the  City  Council  an  estimate  of  the  moneys  re- 
quired for  the  ensuing  year  for  the  maintenance  and 
extension  of  the  sewers  and  sewerage  system  of 
the  City,  so  that  adequate  appropriations  for  the 
same  may  be  made  in  the  discretion  of  the  City 
Council. 

Sec.  190.  Nothing  herein  contained  shall  be 
construed  to  divest  the  City  Council  of  the  right  to 
direct  and  control  from  time  to  time,  as  it  may  see 
fit,  the  operation  and  construction  of  the  said  sew- 
erage system,  as  well  as  the  action  of  the  said  Board, 
and  of  its  officers  and  employees  whose  appointment 
is  hereinabove  authorized. 


ed. 


May    be    remov- 


Ib.,    §    4- 


Term     of    office 
of    employees. 


lb.,   §    S. 


Vacancies       o  n 
Board. 


How  filled. 


lb.,  §  6. 

Board  to  sub- 
mit estimates  to 
City    Council. 


Council  to  con- 
trol and  direct 
the  Board  &  sew- 
erage   system. 


Separate  Sanitary  Sewerage  System. 


Sec.  191.  Until  City  Council  shall  establish  the  Feb.  12,1895.  §i- 
offices  of  Superintendent  of  Sewers  and  Inspector  Supervising 
of  Plumbing,  the  duties  hereinafter  prescribed  for 


78 


SEPARATE    SANITARY   SEWERAGE   SYSTEM. 


Duties  of. 


lb..    §    2. 

Use  of  sewers 
and  all  work  con- 
nected therewith 
to  be  done  under 
following  rules. 

lb..   §   3- 

Board  of 

Health  may  or- 
der connections 
made  with  sewers. 


Penalty. 


lb.,    §    4- 

Following     acts 
a     misdemeanor. 


Penalty. 


Inter  f  erence 
with  sewers,  man- 
holes, flush  tanks, 
&c. 


said  officers  shall  be  discharged  and  performed  by 
the  supervising  engineer  of  the  work;  Provided, 
however,  That  said  engineer  shall  not  charge,  nor 
be  entitled  to  receive,  any  additional  compensation 
for  such  services. 

Sec.  192.  That  all  sewers  within  the  City  shall 
be  used  ;  and  all  plumbing  and  other  work  connecting 
therewith  shall  be  done  and  maintained,  under  the 
following  rules  and  regulations,  to  \vit : 

Sec.  193.  The  City  Board  of  Health  shall  have 
the  power  to  stop  and  prevent  the  discharge  of  sew- 
age from  any  premises  within  the  city  into  or  upon 
any  public  highway,  stream,  water  course  or  public 
place,  or  into  any  drain,  cesspool  or  private  sewer, 
and  to  order  a  connection  to  be  made  with  the  pub- 
lic sewer  for  the  removal  of  sewage  from  any  prem- 
ises whatever,  whenever  in  the  opinion  of  said  Board 
of  Health  the  public  interests  shall  demand  it;  and 
any  person  who  shall  neglect  or  refuse  to  comply 
Avitli  the  order  of  said  Board  of  Health  as  above 
stated,  within  ten  days  of  the  service  of  notice  of 
said  Board  of  Health,  shall  be  guilty  of  a  misde- 
meanor, and  shall  pay  a  fine  of  not  less  than  five  dol- 
lars nor  more  than  fifty  dollars,  or  be  imprisoned 
for  not  more  than  thirty  days. 

Sec.  194.  It  shall  be  a  misdemeanor  to  do  or 
cause  to  be  done  any  of  the  following  acts,  except 
as  hereinafter  provided,  and  any  and  all  persons 
guilty  thereof  shall  pay  a  fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  and 
every  offence,  or  be  imprisoned  not  more  than 
thirty  days. 

I.  To  uncover  the  public  sewer  for  any  purpose 
or  to  make  connection  therewith,  or  to  uncover  the 
public  inspection  or  connection  branches  thereof, 
or  to  open  any  manhole  or  flush  tank,  unless  and_ 
except  with  the  written  consent  and  under  the  super- 
vision of  the  Superintendent  of  Sewers  or  his  duly 


SEPARATE    SANITARY    SEWERAGE   SYSTEM. 

authorized  agent ;  to  do  or  cause  to  be  done  any  in- 
jury or  obstruction  of  any  kind  in  any  manner  to 
any  of  the  appHances  or  parts  of  the  pubHc  sewers. 

2.  To  make  or  cause  to  be  made  any  connection 
for  the  removal  of  sewage  from  any  premises,  with 
any  storm  or  sub-water  drain,  or  with  any  stream  or 
w-ater  course  wuthin  the  Hmits  of  the  City. 

3.  To  make  or  cause  to  be  made  any  connection 
branch  of  a  pubhc  sewer,  except  under  a  written 
Hcense  for  the  work,  signed  by  the  Superintendent 
of  Sewers  or  his  authorized  agent. 

4.  To  make  or  cause  to  be  made  by  any  other 
person  than  a  mechanic  duly  licensed  to  do  such 
work  by  the  City  of  Charleston,  or  authorized  agent, 
any  connection  with  the  public  sewers,  or  to  make 
such  connection  in  any  other  manner  and  with  any 
other  material  than  as  follows,  to  wit : 

(a.)  Every  pipe  connection  with  the  public  sew- 
ers, from  a  point  four  feet  outside  of  the  foundation 
walls  or  piers  of  the  building,  must  be  strong,  sound, 
and  impervious  in  all  its  parts,  must  be  solidly  laid 
on  a  true  grade,  and  as  nearly  as  possible  in  a 
straight  line ;  all  changes  in  direction  must  be  made 
with  properly  curved  pipe;  must  be  jointed  in  the 
best  manner,  and  covered  at  least  to  a  depth  of 
one  foot  with  well  rammed  earth,  entirely  free  from 
stones  and  rubbish.  Within  twenty-four  hours, 
(Sunday  excepted)  after  the  back-filling  of  the 
trench  is  completed,  all  paving  and  ballast  must  be 
replaced  and  the  street  left  in  the  best  condition,  to 
the  satisfaction  of  the  Superintendent  of  Streets 
or  his  authorized  agent. 

(b.)  Gaskets  must  be  used  to  prevent  cement  or 
lead  from  entering  the  pipes  at  the  joints. 

(c.)  Every  building,  except  under  conditions 
determined  by  the  Superintendent  of  Sewers,  and 
not  conflicting  with  other  provisions  of  this  Ordi- 
nance,  shall  be  separately  and   independently  con- 


79 


To  make  con- 
nection with  any 
storm  or  sub- 
water  drain. 


To  make  con- 
nection without 
written  oermis- 
sion. 


Who     to     make 
connections. 


How     to     make 
connections. 


Gaskets 
be   used. 


must 


Every  building 
to  be  separately 
connected  w  it  h 
sewers. 


80 


SEPARATE   SANITARY   SEWERAGE   SYSTEM. 


Size  of 
be   used. 


pipe  to 


Grade. 


Size      of 

pipe 

and       depth 

of 

same      from 

sur- 

face. 

No  pipe  to  be 
laid  within  5  feet 
of  sewer,  without 
permission. 


nected  with  the  pubhc  sewers ;  each  tenement  to  be 
regarded  as  a  separate  building.  Six-inch  lines 
may  be  laid  in  private  property  after  approval  by 
the  Superintendent  of  Sewers  or  his  authorized 
agent ;  but  only  when  there  is  not  less  than  ten  feet 
of  four-inch  pipe  to,  closet  or  slop  sink,  and  where 
there  are  a  number  of  small  houses  on  one  lot.  No 
more  than  one  drain  shall  be  used  to  connect  a 
building  with  the  public  sewers  without  special  per- 
mit of  the  Superintendent  of  Sewers  or  his  author- 
ized agent. 

(d.)  No  drain  connected  with  the  public  sewer 
must  be  laid  at  a  less  grade  than  i  in  50  without  the 
written  permission  of  the  Superintendent  of  Sew- 
ers or  his  authorized  agent.  In  all  ditches  where  the 
bottom  is  unsafe  from  any  cause,  the  grade  must  be 
made  secure  by  concrete,  planking  or  other  means, 
to  the  satisfaction  of  the  Superintendent  of  Sewers 
or  his  authorized  agent,  or  by  the  use  of  cast  iron 
or  fibre  pipe  of  satisfactory  quality.  If  water  pipe 
is  laid  in  the  sewer  connection  trench,  it  must  be  laid 
well  to  one  side  and  above  the  sewer  and  must  be  of 
"extra  strong"  AA  lead.  Iron  water  pipes  must  be 
laid  in  a  separate  trench. 

(e.)  All  drains  connected  with  the  public  sewer 
or  branches  shall  be  four  inches  in  diameter,  ex- 
cepting as  provided  in  Sub-Article  C  in  this  section. 
No  earthenware  pipe  shall  be  laid  less  than  one  foot 
under  cover  of  earth.  All  drains  of  less  depth  shall 
be  of  cast  iron  pipe,  with  well  caulked  lead  joints. 

(/. )  No  person  or  corporation  shall  hereafter 
lay  any  pipe  or  conduit  for  any  purpose  whatsoever 
in  any  street  within  five  feet  on  either  side  of  the 
public  sewer  in  such  street  without  a  permission  in 
writing  of  the  Superintendent  of  Sewers,  or  his 
authorized  agent,  with  such  conditions  and  restric- 
tions as  he  may   impose. 

(g.)      In  opening  trenches  in  any  street  or  public 


SEPARATE   SANITARY   SEWERAGE   SYSTEM. 


81 


way  the  paving  or  ballast  must  be  removed  with 
care;  the  sides  of  the  trench  must  be  sheeted  or 
braced  when  directed,  and  in  the  manner  directed  by 
the  Superintendent  of  Sewers  or  his  authorized 
agent.  The  earth  thrown  from  the  trench  must  be 
placed  so  as  not  to  obstruct  the  gutters  and  so  as  to 
cause  the  least  obstruction  to  public  travel.  Gas  and 
water  pipes  must  be  protected  from  injury,  and  the 
trench  enclosed  and  lighted  at  night,  and  every  pre- 
caution taken  to  prevent  injury  to  person  or  prop- 
erty during  the  progress  of  the  work. 

(h.)  Any  settlement  of  earth  over  a  drain  in 
any  public  street  or  public  way,  occurring  within 
thirty  days  after  the  ground  has  been  closed,  shall 
be  repaired  at  the  expense  of  the  owner  of  the  prop- 
erty for  which  such  drain  has  been  laid. 

(i.)  Notice  must  be  left  at  the  office  of  the  Su- 
perintendent of  Sewers  twenty-four  hours  prior  to 
the  beginning  of  any  work  in  laying  a  drain,  and  no 
material  shall  be  used  or  work  covered  until  in- 
spected and  approved  by  the  Superintendent  of  Sew- 
ers, or  his  authorized  agent.   . 

(/.)  Permits  to  make  connections  with  the  pub- 
lic sewers  will  be  issued  only  when  the  plumbing 
work  and  material  in  the  house  or  building  to  be 
connected  is  in  accordance  with  the  rules  and  regula- 
tion for  plumbing  prescribed  in  the  various  subdi- 
visions of  Article  5  of  this  Section. 

5.  To  do  or  cause  to  be  done  any  plumbing  work 
connected  with  the  sewerage  of  the  City,  or  to  use 
or  cause  to  be  used  any  material  for  such  work, 
excepting  in  the  way,  kind  and  manner  described 
as  follows : 

First.  Before  any  plumbing  or  drainage  work  is 
done  in  a  building,  or  before  any  additions  or 
changes  are  made  in  old  work,  excepting  necessary 
repairs,  a  plan  and  description  of  the  work  to  be 
done,  signed  by  a  licensed  mechanic  and  counter- 
6 


Trenches  i  n 

street  must  be 
sheeted  and  brac- 
ed. 


Trench  must  be 
enclosed  and  pro- 
tected by  lights  at 
night. 


Settling  of 
earth  over  drains 
to  be  repaired, 
by   whom. 


Notice  must 
be  given  to  Su- 
perintendent o  f 
Sewers  and  mate- 
rial approved  by 
him  before  work 
of  laying  a 
drain     is     begun. 


Permits, 
issued. 


how 


How     plumbing 
is   to   be   done. 


Plans  and  de- 
scriptions must 
be     furnished. 


82 


SEPARATE    SANITARY    SEWERAGE   SYSTEM. 


S  uperintendent 
of  Sewers  must 
inspect. 


Mechanic  do- 
ing the  work,  not 
to  act  as  agent 
of   the    city. 


Plumbing     work 
to  be   tested. 


signed  by  the  owner  or  agent,  shall  be  filed  in  the 
office  of  the  Superintendent  of  Sewers.  Blanks  for 
such  plans  and  description  will  be  furnished  by 
the  Superintendent  of  Sewers.  All  plans  must  be 
drawai  legibly  in  ink.  They  must  show  the  differ- 
ent connections  and  locations  of  the  different  fea- 
tures from  the  sewer  to  the  termination  above  the 
roof.  One  vertical  section  of  the  plumbing  arrange- 
ment will  be  sufficient  if  it  can  be  made  to  show  all 
the  work;  if  not,  two  or  more  drawings  must  be  fur- 
nished. Plans  shall  be  approved  or  rejected  with 
the  least  possible  delay,  but  within  twenty-four  hours 
(Sundays  and  legal  holidays  excepted)  after  time 
of  filing.  After  a  plan  has  been  approved,  no  altera- 
tion of  the  same  wnll  be  allowed,  excepting  by  special 
permit  in  writing,  and  no  work  shall  be  begun  until 
the  plans  are  approved  by  the  Superintendent  of 
Sewers. 

Second.  The  Superintendent  of  Sewers  must  be 
notified  in  writing  whenever  any  work  is  read}^ 
for  inspection,  and  all  work  must  be  left  uncovered 
and  convenient  for  inspection  until  inspected  and 
approved  by  the  Superintendent  of  Sewers,  or  his 
authorized  agent,  who  must  inspect  the  work  within 
two  working  hours  after  notice :  Provided,  The 
plumber  has  complied  v>"ith  all  the  conditions  of  this 
Ordinance.  The  inspector  \\\\\  then  issue  a  certifi- 
cate of  inspection  and  approval  and  file  a  duplicate 
of  such  certificate  with  the  Superintendent  of 
Sewers. 

Third.  Under  no  circumstances  can  any  me- 
chanic doing  the  work  of  plumbing  or  house  drain- 
ing, or  any  employee  of  such  mechanic,  act  as  the 
agent  of  the  City  of  Charleston  to  perform  the  duties 
prescribed  in  this  Ordinance. 

Fourth.  All  plumbing  work,  before  connection 
can  be  made  with  the  public  sewer,  shall  be  tested 
by  the  plumber  in  the  presence  of  the  Superintendent 


SEPARATE    SANITARY    SEWERAGE    SYSTEM.  §3 

of  Sewers,  or  his  agent,  with  water  or  air  pressure, 

as  the  pkimber  may  select.    The  test  shall  be  applied 

before  the  fixtures  are  placed  on  all  new  work.    Old 

work  may  be  tested  in  the  same  manner,  or  the  smoke 

or  peppermint  test  may  be  used,  as  the  inspector  may 

select,   the  object  being  to   insure  gas-tight  work. 

With  the  w^ater  test  the  soil  pipe  shall  be  filled  to 

its  top  and  shall  show  no  leakage  in  ten  minutes. 

With  the  air  test  fifteen  pounds  pressure  for  thirty      11°^"  tested. 

feet  of  height  and  under,  and  twenty  pounds  for 

more  than  thirty  feet,  shall  be  maintained  for  ten 

minutes  without  diminution  on  the  guage. 

Fifth.     All  pipes  receiving  the  discharge  of  water  ^  K'^^    of  pipes 

'  ^    ^  °  ^  for    water    closets. 

closets  from  one  foot  below  the  surface  of  the 
ground,  (excepting  in  roadways  where  two  feet  will 
be  required,)  to  six  inches  above  the  eaves  of  the 
roof  of  the  house,  must  be  of  cast  iron,  four  inches 
inside  diameter,  put  away  from  all  windows  and  left 
open  at  the  top.  The  top  of  the  soil  pipe  must  be  at 
least  twenty  feet  from  window  or  other  opening  into 
any  building.  All  branches  or  other  extensions  of 
sewer  connections,  whatever  use  they  may  serve,  if 
more  than  seven  feet  in  length,  must  be  ventilated 
by  a  cast  iron  pipe  of  the  size  to  six  inches  above  the 
eaves  of  the  roof  of  any  adjoining  building. 

Sixth.     All   horizontal    four-inch   cast   iron   pipe      Cast  iron  pipes 

.  /    ^         to      have      fittings 

used  for  soil  or  waste,  below  or  above  ground,  or  and    brass    trap 

placed  on  walls,  in  cellars  or  basements,  shall  have 

fittings  and  four  inch  brass  trap  screws  on  all  ends 

and   on   main   line,   not  exceeding  twenty-five   feet 

apart.     All  other  cast  iron  pipe  or  waste  pipe  shall 

have  Y  branches  and  brass  trap  screws  of  size  of 

pipe,  so  located  that  the  pipe  may  be  easily  cleaned. 

Seventh.     All  stone  pipe  shall  be  of  the  best  qual-  ^^^*g°"^  ^i^^l  ^° 
ity  of  vitrified  salt  glazed  sewer  pipe,  free  from  blis- 
ters, thoroughly  glazed  and  burnt,  straight  and  of 
uniform  texture,  with  deep  bells  of  sufficient  size  to 
insure  good  jointing.    All  connections  shall  be  made 


84 


SEPARATE    SANITARY    SEWERAGE    SYSTEM. 


Joints  of  iron 
with  lead  pipe 
shall  b  e  made 
with  brass  fer- 
rule. 


Joints     in 
pipe. 
How  made. 


lead 


Same 
pipes. 


clay 


Waste  and  vent 
pipes. 


wath  Y  branches,  and  all  changes  in  direction  shall 
be  made  with  curved  pipe  or  Y  branch  cast  iron  pipe. 
All  connections  with  waste  pipes  shall  be  made  with 
Y  fittings.  "Sanitary  tees"  can  be  used  only  on  ver- 
tical pipes.  No  waste  pipe  shall  be  tapped  into  the 
soil  pipe  or  the  trap  of  any  other  fixture,  but  shall 
have  separate  fittings  in  every  case.  No  double  hubs 
or  sleeves  shall  be  used  on  any  line  of  iron  pipe, 
excepting  for  connections. 

Eighth.  All  joints  of  cast  iron  with  lead  pipe 
shall  be  made  with  a  brass  ferrule,  Raymond  or  other 
improved  make,  of  the  same  size  as  the  lead  pipe,  set 
into  the  hub  of  the  iron  pipe  and  caulked  with  lead 
and  attached  to  the  lead  pipe  by  a  wiped  solder  joint. 

Ninth.  All  joints  in  lead  pipe  must  be  made  wnth 
solder  and  wiped,  if  possible.  All  joints  in  cast 
iron  pipe  must  be  made  with  packed  oakum  and 
molten  lead,  well  caulked,  the  lead  to  be  at  least  i^ 
inches  deep,  and  made  w-ater  tight.  The  joints  must 
be  left  as  caulked  until  tested.  All  joints  in  clay 
pipes  shall  be  made  with  good  hydraulic  cement  pro- 
portioned I  to  I.  with  clean  sharp  sand  or  gravel,  a 
gasket  of  oakum  being  used  to  keep  the  cement  from 
entering  the  pipe.  Care  must  be  taken  that  the  inside 
of  the  pipe  is  perfectly  cleaned  out  before  a  connec- 
tion is  made  with  the  house.  The  ends  of  all  pipes 
are  to  be  kept  closed  during  construction. 

Tenth.  All  waste  pipes,  when  less  than  two 
inches  inside  diameter,  shall  be  made  of  lead..  No 
pipe  less  than  1%  inches,  inside  diameter,  shall  be 
used.  All  waste  and  vent  pipes  with  fittings,  tw^o 
inches  or  more  inside  diameter  shall  be  of  cast  iron. 
Galvanized  or  rustless  wrought  iron  pipe  may  be 
used  for  vent  pipes.  No  waste  pipe  from  refrigerator 
or  other  receptacle  in  which  food  or  provisions  are 
stored,  shall  be  connected  with  a  drain,  soil  or  waste 
pipe,  l)ut  must  be  separated  therefrom,  emptying 
into  an  open  sink  furnished  with  a  trap. 


SEPARATE    SANITARY    SEWERAGE   SYSTEM. 


85 


Eleventh,  x^ll  waste  pipes  from  interior  plumb-  ^"'''  discharg- 
ing, exclusive  of  water  closets  and  urinals,  when  less 
than  seven  feet  in  length  may  be  discharged  into  an 
open  trapped  yard  sink  of  approved  construction. 
If  over  seven  feet  in  length,  a  ventilation  pipe  must 
be  carried  six  inches  above  the  eaves  of  the  roof.  If 
five  or  more  fixtures  are  attached,  the  waste  pipe 
must  be  two  inches  or  more  inside  diameter.  Only 
one  fixture  shall  be  allowed  on  a  i  ;^  inch  waste  pipe, 
the  vent  pipe  to  be  of  the  same  size  as  the  waste  pipe. 

Tzvelfth.  Any  line  of  pipe  connected  with  the  weight  of  pipe, 
public  sewer,  if  within  four  feet  of  any  habitable 
building,  or  within  ten  feet  of  a  well  or  cistern,  the 
water  from  which  is  used,  or  may  be  used,  for  drink- 
ing or  culinary  purposes  shall  be  of  standard  weight 
cast  iron  pipe  with  well  caulked  leaded  joints.  In 
passing  into  and  through  a  cellar  or  basement  the 
pipe  shall  be  attached  to  the  walls  wherever  practi- 
cable. 

Thirteenth.  All  water  closets  and  separate  fix-  Traps  to  be 
tures  must  be  trapped  as  close  to  the  fixture  as  pos- 
sible, and  there  must  not  be  more  than  ten  inches 
from  water  seal  to  floor.  In  no  case  shall  a  cast  iron 
hopper  be  leaded  into  a  pipe  or  trap,  but  shall  be  fas- 
tened down  with  brass  screws.  On  cement  floors 
and  on  brick  floors  iron  hoppers  shall  be  fastened 
on  a  flange  with  brass  screws  or  bolts.  All  earthen- 
ware hoppers  and  washout  closets  shall  be  fastened 
to  lead  or  brass  flange  soldered  to  ferrule  and  fas- 
tened by  brass  screws  or  bolts.. 

Fourteenth.     Cast   iron   traps,    with   hand   holes      Certain     kinds 

1      11  1  1        TVT      1     11  •  °^    traps    not    to 

shall  not  be  used.  JNo  bell  trap,  runnmg  trap  or  any  be  used. 
trap  depending  for  its  seal  on  a  movable  part  shall 
be  used.  No  water  closet  shall  be  used  which  has 
an  unventilated  space  of  more  than  lOO  cubic  inches 
between  two  seals,  or  which  has  such  unventilated 
space  of  any  capacity  in  which  any  part  or  the 
mechanism  moves,  or  the  walls  of  which  are  not 


86 


SEPARATE    SAXITARY    SEWERAGE    SYSTEM. 


S  and   P  traps. 


Kitchen       sinks 
to   have   traps. 


Broken  pipes  to 
be  replaced. 


Rules       as 
ventilating  pipes. 


to 


Rules       as       to 
ventilating     pipes. 


flushed  at  all  points  at  each  use  of  the  closet.  This 
includes  the  Pan,  Defiance,  and  all  other  closets  of 
similar  construction. 

Fifteenth.  All  S.  and  P.  traps  for  small  fixtures, 
which  are  ventilated  from  the  crown  of  the  trap, 
shall  have  the  vent  pipe  of  the  same  size  of  the  waste 
pipe.    All  two-inch  traps  shall  have  trap  screws. 

Sixteenth.  All  kitchen  sinks  for  hotels,  restaur- 
ants and  boarding  houses  shall  have  some  approved 
grease  trap  attached.  All  slop  sinks  in  yards  shall 
be  not  less  than  two  and  one-half  feet  square,  the 
frame  filled  in  with  concrete  tamped  solid,  and  fin- 
ished smooth  with  good  cement.  They  must  be  built 
in  manner  and  material  as  shown  in  drawings  on  file 
in  the  office  of  the  Superintendent  of  Sewers..  Catch 
basins  or  sand  traps,  which  will  be  required  when- 
ever silt,  sand  or  other  heavy  deposit  likely  to  pass 
from  house  connection  and  which  may  affect  the 
proper  working  of  the  sewers  must  be  constructed 
as  shown  on  drawings  in  the  office  of  the  Superinten- 
dent of  Sewers. 

Seventeenth.  When  house  drains  are  cleaned  all 
broken  or  damaged  pipe  must  be  replaced  with  sound 
pipe,  well  jointed,  and  must  be  inspected  and  ap- 
proved, as  with  new  work,  before  the  trench  is 
refilled. 

Eighteenth.  All  ventilation  or  other  pipes  on 
outside  walls  in  public  or  private  streets  or  alleys 
shall  pass  through  the  wall  not  less  than  six  feet 
above  the  grade  of  such  street  or  alley  for  protection 
from  damage  by  passing  vehicles.  Before  any  pipe 
is  attached  to  the  wall  of  any  building  on  adjacent 
property  the  consent  of  the  owner  of  said  property 
must  be  obtained. 

Nineteenth.  All  four-inch  soil  and  ventilation 
pipes  and  fittings  on  the  inside  and  outside  of  all 
buildings  shall  be  cast  iron  pipes.  No  soil  or  venti- 
lating pipe  shall  rest  on  stone  pipe,  but  shall  be  sup- 


SEPARATE    SANITARY    SEWERAGE    SYSTEM. 


87 


ported  by  a  cast  iron  bent  or  Y,  firmly  fixed,  and 
with  a  piece  of  cast  iron  pipe  at  least  two  feet  long, 
attached  horizontally  to  w^hich  the  stone  pipe  may 
be  connected.  Ventilation  pipes  to  yard  closets  must 
terminate  at  least  eight  feet  above  the  ground. 

Twentieth.  All  w-aste  pipes  must  be  trapped  at 
each  separate  fixture  and  as  close  to  the  fixture  as 
possible.  Laundry  tubs  of  not  more  than  three 
parts  may  be  considered  as  one  fixture. 

Tzuenty-Hrst.  Whenever  there  is  any  possibil- 
ity of  a  trap  becoming  unsealed,  either  by  suction, 
syphonage  or  back  pressure,  the  trap  must  be  venti- 
lated from  its  crown..  The  ventilation  pipe  from 
a  water  closet  trap  must  be  at  least  two  inches  in  di- 
ameter, inside  measurement.  Where  the  back  vent 
pipe  from  the  traps  of  more  than  four  water  closets 
are  combined,  or  the  vent  pipe  of  four  such  combined 
traps  is  more  than  thirty  feet  in  length,  the  size  of 
the  vent  pipe  must  be  increased  to  three  inches  inside 
diameter,  and  carried  six  inches  above  the  roof,  or 
it  may  be  run  into  the  soil  pipe  five  feet  above  the 
highest  fixture.  In  buildings  more  than  six  stories 
in  height  the  size  of  the  vent  pipe  must  be  of  the  same 
size  as  the  soil  pipe,  and  must  be  carried  six  inches 
above  the  eaves  of  the  roof.  Other  vent  pipes  from 
traps  must  be  as  large  as  the  respective  waste  pipes, 
but  where  five  or  more  are  combined,  or  where  the 
A-ent  pipe  from  the  trap  is  more  than  thirty  feet  in 
length,  the  size  of  the  vent  pipe  must  be  increased  to 
two  inches  inside  diameter,  and  carried  six  inches 
abo^'e  the  eaves  of  the  roof,  or  may  be  run  into  the 
soil  pipe  five  feet  above  the  highest  fixture.  Where 
two  or  more  fixtures  attach  to  a  two-inch  waste 
pipe  all  traps  shall  be  back-vented.  All  washouts 
or  other  closets  that  have  the  trap  attached  above 
the  floor,  syphon  closets  excepted,  must  be  back- 
vented. 

Twenty-second.     The   discharge   from   hydraulic 


Waste    pipes 
be    trapped. 


to 


Ventilation 
traps. 


of 


88 

Discharge  from 
hydraulic  eleva- 
tors. 


Steam 
water. 


hot 


How  water- 
closet  connections 
must  be  made. 


House  drain 

connections. 


How  everflow 
pipe  must  be  con- 
nected. 

Alterations  and 
repairs. 


House     connec- 
tions     must      be 
made     under     su- 
pervision    of     Su- 
perintendent. 


SEPARATE    SANITARY    SEWERAGE    SYSTEM. 

elevators,  passing  into  the  public  sewers,  must  first 
enter  a  drum  or  tank  of  sufficient  size  to  hold  the 
entire  discharge,  from  which  the  water  may  flow 
into  the  sewer  with  little  pressure.  The  drum  or 
tank  must  be  separately  trapped  anci  ventilated. 

Tzvcnty-third.  Steam  or  hot  water  from  any 
source  passing  to  the  public  sewer  must  first  pass 
into  a  condenser  or  receiver  properly  trapped  and 
ventilated. 

Tztrenty- fourth.  All  water  closets  shall  be  so 
located  that  they  shall  have  not  less  than  fifteen  feet 
drain  connection  to  the  public  sewer,  and  not  less 
than  five  feet  inside  of  the  property  line. 

Tzvcnty-iifth.  The  house  drain  or  connection 
branch  constructed  in  the  public  streets  or  alleys 
must  be  built  of  the  size  and  in  the  manner  showai 
in  the  drawings  on  file  in  the  office  of  the  Superinten- 
dent of  Sewers. 

Tzvcnty-sixth.  No  trap  ventilating  pipe  shall  be 
used  as  a  waste  or  soil  pipe.. 

Tzventy-seventh.  Overflow  pipes  from  all  fix- 
tures must  be  connected  on  inlet  side  of  the  trap. 

Tzventy-eightJi.  All  additions,  alterations  and 
repairs  on  all  sewer,  drain,  soil  or  waste  pipes  shall 
be  made  in  accordance  with  these  rules  and  regula- 
tions. 

Tzvcnt\-nint]i.  The  house  connection  branch 
from  the  sewer  shall  be  constructed  only  under  the 
personal  supervision  of  the  Superintendent  of  Sew- 
ers or  his  duly  authorized  agent,  and  to  his  satisfac- 
tion. The  house  system  shall  be  connected  with  the 
connection  branch  of  the  public  sewer  only  in  the 
presence  of  the  Superintendent  of  Sewers,  or  his 
duly  authorized  agent,  and  only  after  he  has  person- 
ally inspected  and  accepted  the  entire  w^ork  and  sat- 
isfied himself  that  it  is  strictly  in  accordance  with 
the  requirements  of  this  Ordinance. 

6.     To  throw  or  deposit,  or  cause  to  be  thrown 


SEPARATE    SANITARY    SEWERAGE    SYSTEM. 


89 


or  deposited  in  any  vessel  or  receptacle  connected 
with  the  public  sewer,  any  matter  or  thing  wdiatso- 
ever,  except  faeces,  urine,  the  necessary  closet  paper 
and  liquid  wastes ;  or  to  allow  any  house  drain  to 
be  connected  with  any  priyy  or  cesspool  or  under- 
ground drain,  or  with  any  other  channel  conveying 
water  or  filth,  excepting  the  .soil  pipe  and  plumbing 
work  of  the  house  or  building  as  hereinbefore  pro- 
vided. The  Superintendent  of  Sewers  shall  have 
full  power  to  stop  and  prevent  from  discharging  into 
the  public  sewers  any  private  drain  through  which 
substances  are  discharged  which  are  liable  to  injure 
the  sewers  or  to  obstruct  the  flow  of  the  sewage.. 

Sec.  195.  No  person,  firm  or  corporation  shall 
do  any  w^ork  under  this  Ordinance  without  having 
first  secured  a  license  to  do  such  work  from  an 
authorized  agent  of  the  City  of  Charleston ;  and  such 
license  shall  not  be  given  to  others  than  a  skilled 
mechanic,  or  those  who  keep  a  skilled  mechanic  in 
employ.  Every  person,  firm  or  corporation  to  whom 
a  license  be  granted  shall,  before  proceeding  on  any 
work  covered  by  this  Ordinance,  file  a  bond,  to  be 
approved  by  the  Mayor,  conditioned  in  a  sum  suffi- 
cient to  indemnify  and  save  harmless  the  City  of 
Charleston  from  all  damages  arising  from  con- 
nections made  with  the  public  sewers.  No  person, 
firm  or  corporation  licensed,  to  do  the  v/ork  herein 
provided  for,  shall  undertake  house  drainage  or 
plumbing  work  without  first  receiving  a  special  per- 
mit for  each  case.  Applications  for  permits  for 
house  drainage  and  sew^er  connections  must  first  be 
made  in  writing  by  the  owner  of  the  property  or  by 
his  authorized  agent,  giving  the  name  of  the  licensed 
mechanic  who  is  to  do  the  w^ork,  and  requesting 
that  the  licensed  mechanic  be  duly  authorized  there- 
for. Blanks  for  such  applications  will  be  furnished 
by  the  Superintendent  of  Sewers. 

Sec.  196.     It  is  made  the  duty  of  the  Superinten- 


To  throw  or 
deposit  anything, 
except  fsces, 
urine,  the  neces- 
sary closet  paper, 
&c.,     prohibited. 


lb..  §   5. 

No  work  to  be 
done  unless  by  a 
regular  mechanic, 
and  permit  there- 
for be  first  ob- 
tained. 


How    permit    to 
be   obtained. 


lb.,    §    6. 


90 


WATER-WORKS. 


dent  of  Sewers  and  of  his  authorized  agents  to  en- 
force full  compliance  with  the  sections  in  relation 
to  the  sewer  connections,  the  construction  of  house 
drains  and  plumbing  work,  and  the  exclusion  of  all 
improper  substances  from  the  drains  and  sewers,  and 
a  failure  of  duty  in  this  respect  shall  subject  such 
Superintendent  of  Sewers  or  his  agents  to  all  the 
penalties  of  this  Chapter. 

Water    Works. 


Aug.23, 1881,    §1. 


Unlawful 
open  any 
plug. 


to 
fire 


April    22,    1890. 

Unlawful  t  o 
interfere  with 
fire  hydrants. 


Aug.  23, 1881,     §2. 

Hitching  horses 
to  hydrants  pro- 
hibited. 


Sec.  197.  It  shall  not  be  lawful  for  any  person 
or  persons  to  open  any  fire  plug  appurtenant  to  the 
Water  Works,  or  to  draw  water  therefrom,  except- 
ing the  officers  of  the  City  of  Charleston  Water- 
Works  Company  and  persons  under  their  direction, 
or  with  their  permission,  and  the  Chief  of  the  Fire 
Department,  and  the  members  of  a  fire-engine  or 
hose  company,  and  by  any  authorized  officer  of  the 
City  for  sanitary  and  other  purposes,  as  agreed  to  in 
the  contract  between  the  City  Council  of  Charleston 
and  the  said  Water- Works  Company. 

Sec.  198.  It  shall  not  be  lawful  for  any  person 
or  persons  not  connected  with  the  City  of  Charles- 
ton Water- Works  Company,  or  with  the  Charleston 
Fire  Department,  or  other  proper  City  official,  to 
meddle,  interfere  with  or  open,  for  any  purpose 
whatever,  any  of  the  fire  hydrants  on  the  mains  of 
the  said  Water-Works  Company — and  for  each  and 
every  such  offence,  the  person  or  persons  found 
guilty  of  the  same  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  be  imprisoned  in 
jail  not  exceeding  thirty  days  in  the  discretion  of 
the  Court  or  justice  trying  the  case. 

Sec.  199.  It  shall  not  be  lawful  for  any  person 
or  persons  to  hitch  horses  or  other  animals  to  any 
of  the  hydrant  posts  of  any  of  the  fire  plugs  or  pub- 
lic drinking  fountains. 


WELLS   AND   PUMPS. 


91 


Sec.  200.  It  shall  not  be  lawful  for  any  person 
or  persons  to  place  or  deposit  any  building-  material, 
rubbish,  merchandise  or  any  other  obstruction  in 
front  of  any  of  the  fire  plugs  so  as  to  prevent  ready 
access  to  the  same  by  the  Fire  Department. 

Sec.  201.  It  shall  not  be  lawful  for  any  person 
or  persons  to  deface,  remove  or  injure  in  any  way 
any  of  the  fire  plugs  or  public  drinking  fountains, 
valve  covers  or  other  property  of  the  said  City  of 
Charleston  Water- Works  Company. 

Sec.  202.     Every  person  who  shall  violate  any  of  Penalty, 
the  provisions  of  the  four  preceding  sections  of  this 
subdivision,   shall,   for  each   and  every  oftence,   be 
subject  to  a  penalty  of  ten  dollars,  or  be  imprisoned 
for  a  period  not  exceeding  thirty  days  in  jail. 

Sec.  203.  It  shall  be  the  duty  of  the  police  to 
report  all  persons  found  violating  any  of  the  provis- 
ions or  prohibitions  of  any  of  the  sections  of  this 
sub-division,  and  to  arrest  all  persons  who  may  wan- 
tonly deface  or  injure  any  of  the  property  of  the 
said  Water- Works  Company  above  referred  to. 


lb.,  §  3- 


Unlawful  to  ob- 
struct   fire    plugs. 


lb.,    §    4- 


Unlawful  to  re- 
move or  injure 
fire   plugs,   &c. 


lb.,    §    6. 


Police 
port. 


to 


JJ\^lls  and  Pumps. 


Sec.  204.     All  public  wells  which  shall  hereafter  Nov.  20, 1806,  U2. 

.  Aug.  15,1844,     §6. 

be  sunk,  and  all  public  pumps,  shall  be  placed  upon   

^  ^^  /  t"  Regulations     for 

the  edge  of  the  foot  pavement ;  and  where  no  toot  sinking       public 

,     .   ,  IT  r  1  •  1  r    wells     and     erect- 

pavement  is  laid,  at  such  distance  from  the  side  01  ing  public  pumps. 
the  street,  lane,  alley  or  public  way,  as  to  leave  suf- 
ficient room  for  a  foot  pavement ;  the  spout  and 
handle  of  every  such  pump  shall  be  so  fixed  as  not 
to  project  on  any  existing  or  intended  pavement ; 
the  basin  and  grate  to  every  such  pump  shall  likewise 
be  placed  along  the  edge  of  every  such  pavement. 
If  any  person  or  persons  shall  wilfully  break,  injure, 
or  destroy  any  of  the  public  wells  or  pumps  sunk  or 
placed,  or  to  be  sunk  or  placed,  in  any  part  of  the 
City,  or  shall  injure,  remove  or  destroy  any  pump 


Penalty  for  in- 
juring, &c.,  public 
wells   and   pumps. 


92 


ELECTRIC  WIRES  AND  POLES. 


Unlawful  t  o 
wash  horses,  S:c., 
at  the  public 
pumps. 


Apl.  17,  1795,     §1. 

Casks  not  to 
be  filled  from 
pumps  without 

using  a   funnel. 


July  12,  1853,     §1. 

Board  of  Fire- 
Masters  to  have 
supervision  o  f 
the  City  pumps 
and   wells. 


handle,  pnmp  box  or  other  gear,  belonging  to  any 
or  either  of  the  public  pumps  or  wells,  or  shall  throw 
any  brick,  stone,  filth  or  other  rubbish  into  either 
of  them,  every  such  person  shall,  for  each  and  every 
such  offence,  be  subject  to  a  fine  of  ten  dollars  in 
addition  to  the  cost  of  repairing  or  replacing  the 
same,  or  imprisonment  not  exceeding  ten  days.  And 
it  shall  not  be  lawful  to  and  for  any  person  or  per- 
sons to  wash  any  horse  or  horses,  carriage  or  car- 
riages, clothes,  or  other  things,  at  any  public  pump 
in  the  City,  under  a  penalty  of  five  dollars  for  every 
person  so  offending  or  imprisonment  not  exceeding 
five  days. 

Sec.  205.  If  any  person  shall  fill  any  cask  or 
other  vessel  containing  more  than  five  gallons  from 
any  of  the  said  pumps  without  using  a  funnel  and  a 
trough  of  at  least  six  feet  in  length,  he.  she  or  they 
shall,  for  each  and  every  such  offence,  be  subject 
to  a  penalty  not  exceeding  five  dollars,  for  the  use 
and  benefit  of  any  person  or  persons  prosecuting  for 
the  same,  or  imprisonment  not  exceeding  five  days. 

Sec.  206.  The  Board  of  Fire  Masters  shall  have 
charge  and  supervision  of  the  City  pumps  and  wells : 
and  it  shall  be  their  duty  to  cause  all  necessary  re- 
pairs to  the  said  wells  and  pumps  to  be  promptly 
done,  and  to  see  that  the  same  are,  at  all  times,  in 
good  order  and  working  condition. 


Electric  Wires  and  Poles. 


Sept.   10,  1895. 

Office  of  City 
Electrician  estab- 
lished. 


Sec.  207.  That  from  and  after  the  fourth  Tues- 
day in  October,  1895,  the  office  of  City  Electrician 
be  and  is  hereby  established.. 

Sec.  208.  That  on  the  second  Tuesday  in 
March,  1904,  and  on  the  same  day  in  every  second 
year  thereafter,  a  competent  person,  skilled  in  the 
handling  and  management  of  electrical  machines  and 
machiner}^  to  be  known  as  the  City  Electrician,  shall 


ELECTRIC  WIRES  AND  POLES. 


93 


be  nominated  and  appointed  b)^  the  Ma)^or,  subject 
to  the  confirmation  of  City  Council,  who  shall  serve 
for  the  term  of  two  years  from  the  date  of  his 
appointment,  and  until  his  successor  shall  be  ap- 
pointed and  confirmed.  He  shall  receive  an  annual 
salary  of  sixteen  hundred  dollars,  payable  monthly, 
and  shall  have  an  ofiice  at  the  City  Hall.  The  City 
Electrician  shall  have  charge  of  the  police  alarm 
and  the  general  supervision  of  the  fire-alarm  system 
of  the  City,  and  generally,  so  far  as  the  interests  of 
the  city  and  citizens  are  concerned,  supervise  and 
direct  the  erection,  conduct  and  maintenance  of  all 
poles,  wires  and  other  electric  apparatus  in,  through, 
upon  or  over  the  streets  of  the  City  of  Charleston. 
He  shall  have  such  assistant  or  assistants  as  Council 
may  from  time  to  time  allow. 

Sec.  2og.  Applications  for  permits  to  erect  poles 
and  stretch  wires  must  be  filed  in  the  office  of  the 
City  Electrician,  accompanied  by  a  plan  indicating 
the  proposed  location  and  character  of  the  same, 
such  plan  to  be  approved  by  the  Committees  on 
Streets  and  Electric  Wires,  and  when  so  approved 
the  City  Electrician  shall  issue  a  permit  in  the  name 
of  said  Committees.  It  shall  not  be  admissible  to 
occupy  any  main  streets  with  poles  or  other  supports 
where  it  is  practicable  to  penetrate  any  district  or 
supply  the  occupants  of  any  one  square  by  erecting 
such  poles  and  supports  in  the  alleyways. 

Sec.  2 to.  All  wires  carrying  currents  for  elec- 
tric lights  or  electric  powers  for  any  purpose  what- 
soever are  herein  designated  and  classed  as  electric 
light  wires,  and  all  wires  other  than  for  the  above 
purpose  are  herein  designated  and  classed  as  tele- 
graph wires  within  the  meaning  of  this  sub-division. 

Sec.  2X1.  All  poles  shall  be  erected  under  the 
supervision  and  control  of  the  Committee  on  Streets, 
and  all  wires  of  every  class  shall  be  strung  under 
the  supervision  and  control  of  the  Committee  on 
Electric  Wires. 


Appointment  of. 


Oct.    13,    1902. 

Salary. 

How  payable. 


Duties. 


Assistants. 


27th    March,    1900. 

A  p  p  1  i  c  ations 
must  be  made 
for  the  erection 
o  f  poles  and 
wires. 


Main  streets 
not  to  be  occu- 
pied where  their 
use  can  be  avoid- 
ed. 


Definition 

wires. 


of 


March  27,   1900. 

Committee  o  n 
Streets  to"  con- 
trol. 


94 


ELECTRIC  WIRES  AND  POLES. 


27th   March,    1900. 

All  companies 
to  occupy  tlie 
same  line  of  poles. 


Rental. 


27tli    March,    1900. 

Roofs  must  not 
be  used  for  sup- 
port o  f  wires 
without  consent 
of   owners. 


Wires   to   be   in- 
sulated. 


27th   March,    1900. 

Samples    to    be 
submitted. 

How     wires     to 
be    fastened. 


Must   not  sag. 


Wires  along 
walls  must  be  rig- 
idly attached. 


Light  wires  not 
less  than  one  foot 
apart. 


Sec.  212.  All  companies  erecting  wires  shall 
occupy  the  same  line  of  poles  wherever  such  com- 
bined use  is  practicable,  to  be  determined  by  the 
Committee  on  Electric  Wires,  and  shall  pay  therefor 
such  rental  or  compensation  as  the  parties  interested 
may  agree  upon;  or  if  they  shall  fail  to  agree,  then 
such  as  may  be  fixed  by  the  Committee  on  Electric 
Wires. 

Sec.  213.  Roofs  of  buildings  must  not  be  used 
in  the  support  of  wires,  nor  shall  any  other  part  of 
buildings  be  so  used  without  the  consent  of  the 
owners  thereof  properly  authenticated  to  the  com- 
mittee on  Electric  Wires,  and  with  the  approval  of 
the  City  Electrician. 

Sec.  214.  All  electric  light  or  power  wires 
hereafter  erected  or  strung  must  be  covered  with  a 
durable  water-proof  insulation,  not  less  than  two 
coatings.  Permits  to  string  wires  will  be  granted 
only  after  approval  of  samples  submitted  to  Com- 
mittee on  Electric  Wires  and  the  City  Electrician, 
and  no  wires  other  than  those  thus  approved  by 
samples  may  be  strung. 

Sec.  215.  Electric  light  and  power  wires  must 
be  fastened  to  insulated  supports  by  insulated  tie 
wires.  The  use  of  iron  tie  wires  is  prohibited.  All 
tie  wires  must  have  an  insulation  equal  to  that  of  the 
conducting  wires.  Wires  must  be  tightly  stretched 
and  never  allowed  to  sag  to  such  an  extent  as  to 
be  capable  of  coming  into  swinging  contact  with 
each  other,  with  signs  or  other  neighboring  objects. 

Sec.  216.  In  running  along  walls  all  wires  shall 
be  rigidly  attached  to  the  same  by  non-conducting 
fastenings,  and  shall  not  hang  from  projecting  insu- 
lators in  loose  loops.  All  arc  fight  wires  shall  be 
placed  at  not  less  than  one  foot  apart,  and  whenever 
they  approach  any  conducting  body  capable  of  fur- 
nishing a  ground  connection  they  must  be  rigidly 
secured  and  separated  from  the  same  by  some  ap- 


ELECTRIC  WIRES  AND  POLES. 


95 


proved  non-conductor.  The  use  of  porcelain  knobs 
as  insulators  on  the  outside  of  buildings  is  prohib- 
ited, except  in  dry  places,  where  an  approved  special 
insulation  must  be  used  on  the  wires.  Wires  must 
not  be  so  placed  as  to  render  it  easily  possible  for 
water  to  form  a  cross  connection  between  them. 

Sec.  217.  Where  angles  occur  in  the  line,  sub- 
jecting the  supports  to  increased  strain,  guard  irons 
must  be  placed  at  the  outer  ends  of  the  cross-arms ; 
guard  wires  must  also  be  placed  wherever  their 
presence  would  prevent  telephone,  telegraph,  or 
other  wires  from  coming  into  accidental  contact  with 
electric  light,  power  and  trolley  wires  for  electric 
street  railways.  Whenever  it  is  necessary  for  any 
electric  light,  power  or  trolley  wires  to  be  run  under 
telegraph,  fire  alarm  or  telephone  wires,,  permission 
shall  be  granted  to  do  so  by  the  City  Electrician, 
with  the  approval  of  the  Committee  on  Electric 
Wires,  but  the  company  running  such  wire  or  wires 
shall  pay  the  expense  of  raising  the  other  wires,  so 
that  the  said  wires  shall  be  not  less  than  five  feet 
above  said  electric  light,  power  or  trolley  wires  to 
make  them  entirely  safe ;  and  whenever  any  tele- 
graph, fire  alarm  or  telephone  companies  wish  to 
stretch  wires  above  any  electric  light,  power  or  trol- 
ley wires,  they  must  cross  not  less  than  five  feet 
above  said  wires.  The  guard  wires  above  each  elec- 
tric light,  power  or  trolley  shall  consist  of  such 
wires,  and  shall  be  stretched  in  such  manner  as  may 
be  prescribed  by  the  City  Electrician,  with  the  ap- 
proval of  the  Committee  on  Electric  Wires.  The 
cost  of  such  guard  wires  and  guard  irons,  or  change 
of  poles,  shall  be  borne  by  the  person  or  company 
making  the  last  construction.. 

Sec.  218.  All  electric  light  and  power  circuits 
shall  be  provided  with  some  approved  device  for 
declaring  and  detecting  ground  connections.  Tests 
for  grounds  shall  be  made  at  least  three  times  each 


Porcelain  knobs 
prohibited,  except 
in  dry  places. 


March    27,    1900. 

Where  angles 
occur  guard  irons 
must  be  placed. 

Guard  wires  to 
be  placed;  when. 


Permission  nec- 
essary t  o  run 
light  or  power 
wires  under  tele- 
graph wires. 


Guard    wires; 
how  composed. 


Cost    of    same; 
how   borne. 


Circuits  must 
have  device  for 
detecting  ground 
connections. 

Tests  must  be 
made  three  times 
each  day. 


96 


ELECTRIC   WIRES   AND   POLES. 


March    27,    1900. 

Wires,  poles, 
&c.,  no  longer  in 
use  must  be  re- 
moved. 

Size    of    poles. 


Oct.    14,    1902. 

Wires  must  be 
not  less  than  22 
feet    above   street. 


Crossing  wires 
must  be  not  less 
than  5   feet  apart. 


Permission  t  o 
trim  trees  must  be 
obtained  from 
Tree  Commis- 
sioners, and  trim- 
ming must  be 
done  under  their 
direction. 

March   9,    1897. 

Poles  to  be 
within  six  inches 
of  the  curb. 


Oct.    14,    1902. 

When  neces- 
sary, the  location 
of  the  poles  to  be 
changed  at  ex- 
pense of  the  Com- 
pany. 


Right  reserved 
to  place,  without 
cost,  any  police 
or  fire  alarm 
wires,  on  poles  of 
any    Compnnj'. 


day.     When  a  ground  connection  occurs,  it  must  be 
found  and  remedied  without  delay. 

Sec.  219.  All  loops,  wires,  poles  and  other  sup- 
ports no  longer  in  use,  shall  be  removed  at  once.. 

Sec.  220.  All  poles  shall  be  of  ample  size  to 
support  with  safety  the  wires  to  be  placed  thereon, 
size  to  be  determined  by  the  Electrician,  with  the 
approval  of  the  Committee  on  Electric  Wires. 

Sec.  221.  All  wires  shall  be  erected  at  a  distance 
not  less  than  twenty-two  (22)  feet  above  the  level 
of  the  street,  and  all  wires  of  different  classes  cross- 
ing each  other  shall  do  so  at  a  distance  not  less  than 
five  (5)  feet.  That  whenever  it  shall  be  necessary 
to  trim  any  tree  or  trees  to  clear  wires,  or  for  any 
other  such  like  purpose,  application  shall  be  made 
to  the  Board  of  Tree  Commissioners,  who  shall  have 
the  necessary  trimming  done  under  their  supervi- 
sion and  attention ;  and  all  expense  of  such  trimming 
of  said  trees  shall  be  borne  and  paid  for  in  advance 
by  the  person  or  corporation  making  such  applica- 
tion. 

Sec.  222.  All  poles  erected  after  the  passage  of 
this  Ordinance,  unless  otherwise  ordered  by  the 
Street  Committee,  shall  be  placed  within  six  (6) 
inches  of  the  curb  and  five  (5)  feet  from  any  fire 
hydrant,  and  five  (5)  feet  from  any  lamp  post,  the 
right  being  hereby  reserved  to  the  Committee  on 
Streets  to  change,  at  the  expense  of  the  respective 
company,  the  location  of  any  pole  or  poles  now  or 
hereafter  erected,  when  such  change  is  deemed  nec- 
essary for  the  public  convenience  or  safety. 

Sec.  223.  The  right  is  reserved  to  the  City 
Council  to  place  without  cost  any  police  or  fire  alarm 
wires  that  are  or  may  be  in  future  erected  for  the 
City's  use,  on  any  pole  or  poles  erected  in  the  streets, 
alley  ways  or  other  highways  of  the  City,  and  all 
permits  hereafter  granted  for  the  erection  of  poles 
shall  be  subject  to  this  condition. 


ELECTRIC  WIRES  AND  POLES. 


97 


Sec.  224.     That  every  electric  light  and  power  Aug.  8,  1899. 
firm,  company,  person  or  corporation  operating  or      Gongs  and  in- 
having:  its  wires  strtinar  within  the  city  limits  shall   erected  by  firms 

°  .       "^  ...  or     companies    in 

cause  to  be  erected  in  the  station  of  such  company,  places  of  business. 

person,  firm  or  corporation,  at  its  own  expense,  such 

gongs  and  indicators  as  shall  be  approved  by  the 

City  Electrician  and  the  Board  of  Fire  Masters,  to 

be  used  in  case  of  fire,  and  for  the  protection  of 

firemen. 

Sec.  225.     That  said  gongs  and  indicators  shall  congs    connected 

t  ,11  •  1    r  with      fire      alarm 

be  connected  by  said  firm,  company,  person  or  cor-  wires. 
poration,  and  at  their  own  expense,  with  the  fire 
alarm  wires,  and  placed  under  the  supervision  of  the 
City  Electrician,  or  Superintendent  of  Fire  .A.larms, 
who  shall  have  access  to  and  keep  the  same  in  order 
at  all  times. 

Sec.  226.     That  upon  the  occurrence  of  a  fire  in      companies    or 
any  district  or  part  of  the  city  in  which  such  person,  emergency    tllms 
firm,  company  or  corporation  shall  have  have  strung  '"  ^^^^  °     ^^' 
any  electric  light  or  power  wire  said  person,  firm, 
company  or  corporation  shall  immediately  send  an 
emergency  team  and  one  or  more  competent  men, 
with  necessary  apparatus  and  tools,  to  have  such  wire 
or  wires  removed  as  shall  be  ordered  removed  by 
the  chief  of  the  fire  department  or  his  assistant  or 
other  officer  in  charge  of  said  fire.     And  said  emer- 
gency team  and  men  so  sent  shall  report  immediately      Team  to  report 
to  the  chief,  assistant  or  other  person  in  charge  of  Department. 
the  fire,  and  be  and  remain  under  his  orders,  which 
shall  be  promptly  executed  until  dismissed. 

Sec.  227.     That  in  all  cases  of  great  emergency.      Electric     cur- 
and  when  deemed  necessary  by  the  chief  of  the  fire  off^  if  °ordere™by 
department,  his  assistant  or  other  officer  in  charge 
of  the  fire,  notice  shall  be  given  such  person,  firm, 
company  or  corporation  at  their  power  station  by 
sjgnal  on  bells,  and  gongs,  one  and  two,  and  upon 
such  notice  or  signal  such  person,  firm  company  or 
corporation  shall  immediately  turn  off  the  electric 
current  in  the  district  of  said  fire. 
7 


Chief. 


98 


ELECTRIC   WIRES  AND   POLES. 


Penalty. 


Wires  entering 
buildings  must  be 
insulated. 


2^  March,  1900. 

City  Council 
may  from  time  to 
time  add  to  or 
modify  this  sub-di- 
vision. 


27  March,   1900. 


Sec.  228.  Any  person,  firm,  company  or  corpo- 
ration violating  this  Ordinance  by  refusing  to  erect 
said  gongs,  wires  and  indicators  shall  be  fined  one 
hundred  dollars  for  the  first  offence  and  fifty  dol- 
lars additional  for  each  and  every  day  thereafter 
until  said  Ordinance  shall  be  complied  with,  and 
shall  also  be  fined  not  less  than  twenty-five  dollars 
or  more  than  one  hundred  dollars  for  each  and  every 
violation  of  the  other  provisions  contained  in  said 
Ordinance;  said  fines  to  be  recovered  in  any  Court 
of  competent  jurisdiction. 

Sec.  229.  Where  wires  enter  a  building,  they 
must  be  encased  in  continuous  pieces  of  hard  insulat- 
ing tubing,  so  inclined  as  to  oppose  the  entrance  of 
water,  and  the  outer  end  of  this  tubing  must  be 
sealed  with  some  plastic  insulating  material  in  such 
manner  as  to  exclude  all  moisture.. 

Sec.  230.  The  City  Council  hereby  reserves  to 
itself  the  right  to  add  to  or  modify  this  subdivision, 
and  any  rules  and  regulations  which  may  be  pre- 
scribed by  the  Committee  on  Streets;  or  the  Com- 
mittee on  Electric  Wires,  and  if  in  its  opinion,  it 
should  hereafter  become  necessary  to  require  any 
and  all  electric  wires  to  be  placed  underground. 

Sec.  231.  That  any  violation  or  refusal  on  the 
part  of  any  person  or  company  to  make  such 
alterations  or  repairs  in  their  present  or  fu- 
ture construction  as  may  be  demanded  by  the 
joint  Committee  on  Streets  and  Electric  Wires 
in  conformity  with  this  sub-division  shall  work 
immediate  suspension  of  all  permits  held  by  the 
person  or  compan}^  guilty  of  such  violation  or 
refusal ;  and  in  the  case  of  the  persistent  viola- 
tion of  the  requirements  of  this  subdivision,  and  in 
the  case  of  dangerous  necessity,  the  joint  Committee 
on  Streets  and  Electric  Wires  is  authorized  to  in- 
struct the  Chief  of  Police  or  the  City  Electrician 
to  cut  out  lio-ht  or  to  cut  out  the  current  in  any  local- 


ELFXTRIC   WIRES   AND   POLES.  99 

ity   concerned,   and   to   enforce   the   discontinuance 
of  all  rights  until  the  rules  are  complied  with. 

Sec.  232.  Any  person,  and  any  officer,  agent  or  Penalty. 
employee  of  any  company  or  corporation,  violating 
any  of  the  provisions  of  this  subdivision,  shall,  on 
conviction,  be  fined  not  less  than  one  dollar  nor 
more  than  one  hundred  dollars,  or  imprisonment 
not  exceeding  ten  days  in  the  discretion  of  the 
court,  except  in  cases  for  which  a  different  penalty 
is  expressly  prescribed  in  this  subdivision. 

Sec.  233.  The  city  electrician  shall,  in  addition  city  Electrician 
to  his  present  duties,  have  general  supervision  over,  a°nd^^^tringfng"of 
and  he  is  hereby  authorized,  empowered  and  di-  ''''^^^' 
rected  to  regulate  and  determine  the  placing,  string- 
ing and  attaching  of  all  telegraph,  telephone  or  elec- 
tric light  and  power  or  other  wires  now  in  use  or 
which  shall  hereafter  be  erected  in  the  City  of 
Charleston,  so  as  to  prevent  fires  or  accident  or 
injury  to  persons  or  property,  and  to  cause  all  such 
wires  and  all  electrical  appliances  to  be  so  placed, 
constructed  and  guarded  as  not  to  cause  fires  or 
accidents,  or  endanger  life  or  property,  and  when- 
ever, in  the  judgment  of  said  city  electrician,  any 
electric  wire  shall  be  defective  by  reason  of  im- 
proper or  insufficient  insulation,  or  for  any  other 
cause,  the  said  city  electrician  shall  at  once  notify 
the  owner  thereof  of  such  defect,  and  order  him  to 
repair  or  remove  the  same,  and  upon  the  owner's 
failure  or  refusal  so  to  do  within  seven  days  from 
the  date  of  such  notice,  the  said  electrician  shall 
cause  the  repair  or  removal  of  the  same. 

Sec.    234.      The   city   electrician   shall   have   the      city  Electrician 

.     1  .         ,  1  ■      ,  r   ,    ■  rr    •    1     1     .■  .  J  to  enter  subways, 

right,  m  the  discharge  of  his  orhcial  duties,  to  enter  have  access  to  aii 

,       .,  ,.  ,1  ,  1-1  buildings,    etc. 

any  building,  man-hole  or  subway,  or  climb  any 
pole,  for  the  purpose  of  examining  or  testing  the 
electrical  appliances  therein  or  thereon  contained. 
And  for  that  purpose  he  shall  be  given  prompt  ac- 
cess during  reasonable  hours  to  all  buildings,  pub- 


100 


ELECTRIC  WIRES  AND  POLES. 


After  inspection 
no  change  to  be 
made  without  per- 
mit for  same. 


Contractor  t  o 
notify  City  Elec- 
trician when  work 
ready  for  inspec- 
tion. 


No  c  11  r  r  e  n  t 
tvirned  on  without 
certificate. 


Materials,  etc., 
t  o  conform  t  o 
rules  of  National 
Board  of  Fire 
Underwriters. 


lie  or  private,  and  to  all  manholes  and  subways,  on 
application  to  the  individual  or  company  owning 
or  in  charge  of  the  same. 

Sec.  235.  No  alteration  shall  be  made  in  the 
wiring  of  any  building  for  light  or  power,  nor  shall 
any  building  be  wired  for  electric  lights,  motors  or 
heating  devices  without  a  permit  therefor  from  the 
city  electrician,  nor  shall  any  change  be  made  in 
any  electrical  installation  after  inspection  without 
notification  to  the  city  electrician  and  his  written 
permit  therefor. 

Sec.  236.  Upon  the  completion  of  the  wiring  of 
any  building  for  light,  heat  or  power  it  shall  be 
the  duty  of  the  company,  firm  or  individual  doing 
the  same  to  notify  the  city  electrician,  who  shall 
then  inspect  such  wiring  and  appliances,  and  if 
approved  by  him  he  shall  issue  a  certificate  of  satis- 
factory inspection,  which  shall  contain  the  date  of 
such  inspection  and  an  outline  of  the  result  of  his 
examination,  but  no  such  certificate  shall  be  issued 
unless  such  wiring  and  appliances  be  in  strict  con- 
formity to  the  rules  and  regulations  prescribed  or 
required  by  these  ordinances,  nor  shall  current  be 
turned  on  such  installation  until  said  certificate  be 
issued. 

Sec.  237.  All  electric  construction,  all  materials 
and  appliances  used  in  connection  with  electrical 
work  and  the  operation  of  all  electrical  apparatus 
within  the  City  of  Charleston  shall  conform  to  the 
"rules  and  requirements  of  the  national  board  of 
fire  underwriters  for  the  installation  of  wiring  and 
apparatus  for  electric  light,  heat  and  power,"  as 
they  are  now  established,  or  may  hereafter  be 
amended,  and  the  said  rules  and  regulations  are 
hereby  adopted  and  approved  as  a  part  of  these  or- 
dinances, but  subject  nevertheless  to  such  modifica- 
tions and  changes  as  City  Council  may  from  time 
to  time  direct. 


ELECTRIC   WIRES   AND   POLES. 


101 


Sec.  238.  It  shall  be  the  duty  of  the  city  elec- 
trician to  so  direct  the  placing  of  poles  and  wires  in 
the  streets,  alleys  and  public  places  of  the  city  that 
the  same  shall  cause  as  little  obstruction  as  possible 
either  to  public  travel  on  such  thoroughfares  or  to 
the  private  use  and  enjoyment  of  adjacent  prop- 
erty. It  shall  also  be  his  duty,  and  he  shall  have 
authority,  to  compel  the  removal  of  superfluous 
poles,  loops,  wires  and  other  supports  at  once. 

Sec.  239.  In  any  case  of  failure  to  comply  with 
the  requirements  of  these  ordinances  the  city  elec- 
trician shall  have  authority,  after  five  days'  notice, 
to  cut  out  lights  or  current  in  any  locality  con- 
cerned, and  to  enforce  discontinuance  of  the  same 
until  said  requirements  are  complied  with. 

Sec.  240.  Any  person  or  firm,  or  the  superin- 
tendent, manager  or  person  in  charge  of  any  cor- 
poration, who  shall  violate  any  of  the  provisions  of 
this  ordinance,  or  who  shall  fail,  neglect  or  refuse 
to  comply  with  any  order  or  request  of  the  city 
electrician  given  in  pursuance  of  said  ordinance  and 
the  rules  embraced  therein,  shall,  upon  conviction, 
be  fined  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars,  or  be  imprisoned  not  less  than 
five  days,  nor  more  than  thirty  days,  for  each  and 
every  offence. 

Sec.  241.  The  City  electrician  shall,  in  addition 
to  his  present  duties,  have  general  supervision  over 
the  public  lighting  of  the  streets,  whether  said  light 
ing  be  done  by  contract  or  otherwise,  as  the  City 
Council  may  from  time  to  time  determine,  and  he 
shall  examine  and  report  to  the  Mayor  as  to  the 
fulfillment  or  breach  of  all  street  lighting  contracts, 
and  shall  certify  to  him  on  every  voucher  for  pay- 
ment thereon,  that  such  payment  is  due  in  accord- 
ance with  the  terms  of  the  contract  on  account  of 
which  said  voucher  is  drawn. 

Sec.   242.     He  shall  see  that  all  ordinances  of 


City  Electrician 
to  direct  placing 
of  poles  and 
wires. 


Current  cut  out 
i  f  requirements 
not  observed. 


Penalty. 


Oct.    14,    1902. 

City  Electrician 
to  have  supervis- 
ion over  lighting 
of   city. 


102 


ELECTRIC  WIRES  AND  POLES. 


To  have  ordi- 
nances relating  to 
lighting,  etc.,  en- 
forced. 


To  report 
breaches  of  con- 
tract to  Mayor. 


To  report  an- 
nually to  Coun- 
cil in  reference 
to  lights. 


Unlawful  to  ex- 
tinguish lamps. 


Penalty. 


the  city  and  all  orders  and  rules  of  City  Council  and 
of  the  Committee  on  Lighting,  relating  to  public 
lamps,  or  lighting  of  the  streets  and  public  grounds, 
are  strictly  enforced;  shall  keep  a  record  of  the 
location  of  every  public  lamp  and  the  number  and 
description  thereof,  together  with  a  record  of  all 
lamps  reported  by  the  police  department,  or  any 
other  person  or  persons,  as  extinguished  or  not  in 
order,  and  cause  proper  allowances  to  be  made  for 
each  and  every  breach  of  any  and  all  public  lighting 
contracts ;  shall  report  to  the  Mayor  every  omis- 
sion or  neglect  of  any  person,  firm  or  corporation, 
whose  duty  it  is  to  light,  clean  or  repair  the  public 
lamps,  and  all  breaches  of  street  lighting  contracts ; 
shall  issue,  acting  under  direction  of  City  Council, 
the  orders  for  the  installation  or  discontinuance  of 
public  lamps,  or  the  substitution  of  one  style  of 
lamps  for  another;  he  shall  make  an  annual  report 
to  the  City  Council  during  the  month  of  January, 
in  each  and  every  year,  of  all  matters  pertaining  to 
the  lighting  of  the  streets  and  public  grounds  of  the 
city;  and  shall  perform  such  other  duties  pertain- 
ing to  the  said  public  lighting  as  may  from  time  to 
time  be  prescribed  by  the  City  Council  and  the 
Committee  on  Lighting. 

Sec.  243.  It  shall  be  unlawful  for  any  person  or 
persons  not  employed  by  the  person,  firm  or  corpo- 
ration having  a  contract  with  the  city  of  Charleston 
for  lighting  all  or  any  portion  of  the  public  streets 
or  public  grounds  of  the  city,  to  light  or  extinguish 
a  street  or  public  lamp :  and  then  only  such  as  are 
included  in  their  respective  contracts ;  and  any  per- 
son who  shall  light  or  extinguish  any  such  lamp  or 
lamps  otherwise  than  herein  provided,  or  any 
burner  in  any  such  lamp  or  lamps,  shall  forfeit  and 
pay  for  each  and  every  such  offence  a  sum  not  ex- 
ceeding ten  dollars,  nor  less  than  five  dollars,  which 
penalty  shall  be   recoverable   in   any   court  having 


'.' '  >  >: 


SUB-WAYS    AND    UNDERGROUND    WIRES. 

jurisdiction   thereof,    or    imprisonment    not  exceed- 
ing thirty  days. 

Sub-Ways  and   Under  Ground   Wires. 


103 


Sec.  244.  That  all  corporations,  firms  or  per- 
sons to  whom  permission  may  hereafter  be  granted 
for  running  or  laying  underground  conduits,  ducts 
or  pipes  for  electrical  conductors  or  cables  or  wires, 
or  who  shall  be  required  by  law  or  ordinance  to  do 
so.  shall  conform  to  the  requirements  of  this  ordi- 
nance. 

Sec.  245.  That  no  street,  lane,  alley,  or  road  in 
the  city  of  Charleston  shall  be  broken  or  occupied 
by  any  corporation,  firm  or  person  for  the  purpose 
of  laying  down  conduits,  ducts  or  pipes  except  by 
permission  of  the  Mayor  and  Council.  That  during 
the  construction  or  laying  down  of  said  under- 
ground conduits,  ducts  or  pipes,  conductors,  cables 
or  wires,  no  street,  alley,  lane  or  road  shall  be 
opened  or  the  paving  or  roadway  broken  into  for 
a  greater  distance  than  one  thousand  feet  at  any 
one  time,  or  opening,  and  that  no  section  of  one 
thousand  feet  shall  be  kept  open  for  a  longer  period 
than  ten  days.  That  said  opening  or  trench  shall 
not  be  of  greater  width  than  five  feet,  except  the 
manholes,  and  as  the  work  progresses  the  paving 
shall  be  promptly  and  properly  relaid  and  the 
street,  alley,  lane  or  road  put  in  good  condition  at 
the  expense  of  the  corporation,  firm  or  person  con- 
structing the  same.  That  for  good  cause  shown 
the  Mayor,  on  recommendation  of  the  city  elec- 
trician, shall  have  power  to  extend  the  time  during 
which  said  trench  may  be  kept  open. 

Sec.  246.  That  any  person  or  persons,  corpora- 
tion or  firm,  duly  authorized  by  ordinance  to  run 
or  lay  underground  conduits,  ducts  or  pipes  for 
electrical  conductors,  cables  or  wires,  and  desiring 


March    27,    1900. 


Conduits  not  to 
be  laid  without 
permission  o  f 

Mayor. 


Not  more    tlian 

1 ,000  feet    to    be 

kept  open       for 

more  than       ten 
days. 


Trench  not  to 
be  wider  than  5 
feet. 


Mayor   may   ex 
tend  time. 


Plans  and  speci 
fications  to  be 
filed  with  Mayor 
by  firms  laying 
conduits. 


'r.  f     '    c  c     r     ,t  -   I       »     t  , 


104 


Mayor 
Committee 
Streets     to 
permit. 


and 

o  n 

grant 


Penalty. 


Parties  laying 
conduits  liable  for 
all  damage  to  gas 
and   water  mains. 


SUB-WAYS   AND    UNDERGROUND    WIRES. 

to  place  the  same  along  or  across  any  of  the  streets, 
alleys  or  public  places  of  the  city  of  Charleston, 
shall  file  with  the  Mayor  an  application  therefor, 
with  plans  and  specifications  showing  the  location, 
routes  and  length  of  the  proposed  underground  con- 
duits, ducts  or  pipes. 

Sec.  247.  The  Mayor  and  the  committee  on 
streets  are  hereby  authorized,  upon  the  filing  of  the 
application  and  plans  and  specifications  required  by 
the  preceding  section,  to  grant  a  permit  for  such 
occupancy  of  the  streets,  alleys,  and  public  places  as 
shall  be  set  forth  in  such  application,  plans  and 
specifications,  subject  to  the  regulations  and  qualifi- 
cations of  this  ordinance.  The  opening  of  any 
street,  alley  or  public  place  for  such  purpose  with- 
out a  permit  having  been  first  obtained  shall  sub- 
ject such  corporation,  firm  or  person  to  a  fine  or 
penalty  not  exceeding  $500  for  each  and  every  of- 
fense and  the  stoppage  of  the  work  until  such  per- 
mission is  obtained.  The  work  of  constructing  any 
underground  conduits,  or  laying  any  ducts,  pipes, 
electrical  conductors,  cables  or  wires,  shall  be  un- 
der the  supervision  and  to  the  reasonable  satisfac- 
tion of  the  Mayor,  committee  on  electric  wires, 
committee  on  streets  and  the  city  electrician,  who 
shall  have  at  all  times  free  and  unobstructed  ac- 
cess to  the  conduits,  ducts  or  pipes,  electrical  con- 
ductors or  cables  for  the  purpose  of  making  con- 
nection therewith  for  such  wires  or  conductors,  in 
use  or  to  be  hereafter  used  by  the  city,  in  which 
case,  however,  reasonable  notice  of  such  proposed 
connection  shall  be  given  to  the  corporation,  firm  or 
person  owning  or  operating  such  conduits,  ducts  or 
pipes. 

Sec.  248.  That  all  corporations,  firms  or  persons 
occupying  any  streets,  lanes,  alleys  or  road  with  un- 
derground conduits,  ducts,  pipes,  cables,  electrical 
conductors  or  wires  shall  be  liable  for  all  damages 


SUBWAYS    AND   UNDERGROUND    WIRES.  105 

for  gas  and  water  mains  and  sewer  connections 
with  sewers  and  for  all  damages  which  may  come 
to  the  city  of  Charleston  directly  and  approxi- 
mately, or  for  which  it  may  be  in  any  manner  what- 
soever responsible,  caused  by  the  opening  of 
trenches  or  the  condition  of  streets,  alleys,  lanes  or 
roads  resulting  from  the  construction  of  conduits 
or  the  laying  of  ducts,  pipes,  electrical  conductors, 
cables  or  wires  or  making  connection,  and  good 
and  sufficient  bond  shall  be  given,  subject  to  the  ap-  .^ond  to  be 
proval  of  the  Mayor,  in  the  sum  of  $5,000  as  the 
security  for  the  same. 

Sec.  240.     Any  corporation,  firm  or  person  con-   ,  One  duct  to  be 

.     .  .  furnished    for   use 

structmg  conduits  or  laynig  ducts  or  pipes  under  of  city. 

this  ordinance  shall  furnish  to  the  city,  on  demand, 

one   duct   for  municipal   fire  and   police  purposes : 

Provided,  however,  that  no  electric  light  or  power 

wire  shall  be  placed  or  used  by  the  city  or  by  any 

other  person  in  any  duct  or  conduit  constructed  or 

used  by  any  telephone  or  telegraph  company.     It  is 

also  declared  that  the  privilege  and  benefit  extended 

to  the  city  in  this  respect  shall  be  an  equivalent  for      ^^^  ^^      ^^^ 

and  in  lieu  of  the  taxes  and  rentals  which  might  n>shing  city  duct 

•->  to  be  exempt  from 

Otherwise  be  assessed  by  the  city  against  such  con-  certain  taxes. 
duits,  ducts,  pipes,  electrical  conductors,  cables  or 
wires   so  constructed   or   laid,   but   not   for  proper 
taxes  on  other  property  legally  taxable. 

Sec.  250.  That  all  corporations,  firms  or  persons  Location  of 
having  telegraph,  telephone  or  electric  light  wires,  natld.  °  ^  ^^'^ 
electrical  conductors  or  cables  placed  underground 
shall,  whenever  thereto  required  by  the  Mayor  of 
the  city  of  Charleston,  file  their  report  within  thirty 
days  thereafter,  under  oath,  with  the  Mayor,  show- 
ing the  actual  number  of  wires  and  their  location, 
and  the  miles  of  wire  and  electrical  conductors  un- 
derground, owned  or  leased  or  controlled  by  them 
in  the  city  of  Charleston. 

Sec.  251.     That  for  the  purpose  of  reaching  the 


106 


SUB-WAYS    AND    UNDERGROUND    WIRES. 


Distributing 
poles  allowed. 


Bond 
given. 


t  o 


Sept.    8,    1899. 

Telephone,  Tele- 
graph Go's,  to 
maintain  wires  in 
subways  in  cer- 
tain streets. 


offices  of  the  companies  herein  named  and  the 
premises  of  the  users  of  the  service  furnished  by 
any  corporation,  firm  or  person  operating  under 
this  ordinance  the  necessary  poles  for  distributing 
wires  from  the  subways  may  be  erected  in  any  and 
all  of  the  streets,  (excepting  in  King  street  be- 
tween Calhoun  and  Broad  streets)  under  the  direc- 
tion and  supervision  of  the  Mayor,  the  committee 
on  electric  wires,  the  committee  on  streets  and  the 
city  electrician. 

^EC.  252.  That  upon  the  passage  of  any  ordi- 
nance granting  any  company,  corporation,  firm  or 
individual  privileges  under  this  ordinance  or  un- 
der any  ordinance  now  in  force  relating  to  or  regu- 
lating or  requiring  underground  wires,  electrical 
conductors,  conduits,  pipes  or  tubes,  the  said  com- 
pany, corporation,  firm  or  individual  shall,  before 
exercising  any  privileges  or  reciuirements  thereun- 
be  der,  give  a  bond  to  be  prepared  and  approved  by 
the  corporation  counsel  and  the  Mayor,  and  to  be 
entered  of  record,  in  the  sum  of  five  thousand  dol- 
lars, conditioned  that  they  will  properly  relay  and 
pa^'e  all  openings  made  by  them,  such  bond  to  be 
cancelled  when  such  openings  shall  have  been 
properly  relaid  and  paved  and  accepted  as  such  by 
the  superintendent  of  streets.  No  permit  shall  be 
issued  as  aforesaid  until  this  condition  is  complied 
with. 

Sec.  253.  That  from  and  after  the  31st  day  of 
December,  1899,  it  shall  be  unlawful  for  any  corpo- 
ration, firm  or  person,  now  or  hereafter  conducting 
a  telegraph,  telephone  or  burglar  alarm  business,  to 
erect  any  pole  or  poles,  or  to  stretch,  extend  or  run 
any  of  its  wires  along  and  through  any  of  the 
streets  of  the  City  of  Charleston  within  the  area  or 
areas  in  Section  257,  of  this  ordinance,  (and  also 
set  out  in  the  diagram  or  plat  hereto  attached  as 
part  of  this  ordinance,)  except  as  provided  therein, 


SUB-WAYS    AND    UNDERGROUND    WIRES.  IQJ 

unless  the  same  be  run,  stretched  and  maintained  in 
and  through  subways  or  conduits  laid  under 
ground,  and  operated  and  maintained  in  accordance 
with  the  provisions  of  an  ordinance  entitled  *'An 
ordinance  relating  to  the  constructing  of  subways 
and  underground  wires  for  electrical  purposes  and 
regulating  the  same,"  ratified  the  13th  day  of  July, 
1897  •  Provided,  however,  that  defective  poles,  or 
poles  destroyed  by  fire,  storm  or  other  casualty  may 
be  replaced  and  stand  under  this  ordinance  as  the 
original  pole  to  be  so  replaced  would  have  stood. 

Sec.  254.  That  on  and  immediately  after  the  Time. 
31st  day  of  December,  1899,  ^^  such  corporations, 
firms  or  persons,  now,  then  and  thereafter  conduct- 
ing such  telegraph,  telephone  or  burglar  alarm 
business,  shall,  and  before  such  date  may  construct 
and  maintain,  each  for  itself,  or  conjointly,  should 
they  so  determine  and  agree,  such  conduits  or  sub- 
ways including  necessary  man-holes  and  house  con- 
nections in  the  territory  and  streets  hereinafter  re- 
ferred to,  as  may  be  necessary  to  contain  the  wires 
used  and  to  be  used  by  them,  or  any  or  either  of 
them,  or  their  lessees,  along  and  through  the  said 
streets  or  areas ;  such  construction  of  the  said  con- 
duits or  subways  and  the  placing  of  wires  or  cables 
therein  to  be  fully  completed  on  or  before  the  ist 
day  of  July,  1907. 

Sec.  2SS-     That  all  poles  or  posts  now  standing      Poles  to  be  re- 

,  .   ■    ,  ,  ,.  ,  ,  moved     by     July, 

or  used,  or  which  may  be  standmg  or  used  on  the  1907- 
1st  day  of  July,  1907,  in  the  streets  or  areas  herein- 
after described,  shall  be  removed  from  said  streets, 
and  all  wires  suspended  thereon  taken  down  and 
removed  on  or  before  the  ist  day  of  December, 
1907,  and  poles  shall  be  no  longer  maintained  there- 
in, except  such  distributing  poles  as  are  necessary 
and  permitted  and  provided  for  by  the  ordinance 
hereinbefore  referred  to. 

Sec.  256.     That  for  a  failure  to  comply  with  this  Penalty. 


^Qg  SUB-WAYS    AND   UNDERGROUND    WIRES. 

ordinance  the  person  or  persons  in  charge  of  the 
business  or  office  of  the  said  company  or  corpora- 
tion, firm  or  persons,  in  the  said  City  of  Charleston, 
shall  be  summoned  before  the  Recorder  of  the  said 
city,  and  if  found  guilty  shall  be  fined  a  sum  not 
exceeding  twenty-five  dollars  for  each  and  every 
day  of  said  default.  But  the  imposition  and  collec- 
tion of  this  fine  shall  not  in  any  way  authorize  or 
sanction  the  further  maintenance  of  such  poles  or  in 
any  way  prevent  the  City  Council  from  removing 
the  same  or  causing  them  to  be  removed. 
Underground       Sec.  2^7.    That  the  area,  strccts  or  distHcts  to  bc 

streets. 

first  affected  by  this  ordinance  shall  be  contained  in 
the  area  south  of  and  including  Line  street.  That 
within  this  specified  area  no  poles  shall  be  erected  or 
maintained  and  no  wires  placed  upon  or  along  the 
following  streets,  running  in  a  northwardly  or 
southwardly  direction,  to-wit :  East  Bay,  Church, 
Meeting,  King,  Legare  and  Rutledge  avenue.  That 
poles  may  be  erected  and  maintained  and  wires 
placed  and  kept  upon  and  along  all  of  the  streets, 
avenues,  lanes,  alleys  or  courts  in  such  specified 
area  running  in  a  general  eastwardly  and  west- 
wardly  direction,  saving  in  the  following  streets,  in 
which  said  poles  and  wires  shall  not  be  erected, 
strung  or  maintained  except  in  subways,  to-wit : 
South  Bay,  Tradd,  Broad,  Wentworth  and  Calhoun 
streets. 
License  for  Sec.  258.  That  in  the  event  that  any  telegraph, 
underground  be-  telephone  or  burglar  alarm  business  company  shall 
I9o^  '^'  ""'^'  prior  to  the  first  of  July,  1907,  build  and  construct 
underground  conduits  and  operate  the  wires  of  their 
system  or  systems  in  the  same  throughout  the  area 
specified  in  Section  257.  then  the  license  for  such 
company  for  the  period  of  time  from  the  completion 
by  them  of  such  subways  until  the  first  day  of  July, 
1907,  shall  be  at  the  rate  of  ten  dollars  per  annum; 
should  the  said  period  of  required  completion  be 


BOARD  OF  HEALTH. 

hereafter  extended  beyond  the  first  day  of  July, 
1907,  then  and  in  that  event  the  hcense  for  such 
company  at  that  time  operating  its  wires  in  an  un- 
derground system  throughout  the  above  mentioned 
territory  shah  remain  and  continue  at  the  rate  of 
ten  dohars  per  annum  until  the  final  date  when  all 
the  telegraph,  telephone  and  burglar  alarm  com- 
panies shall  be  forced  to  have  their  wires  placed  un- 
derground in  the  area  specified. 


109 


HEALTH  DEPARTMENT. 

BOARD  OF  HEALTH— HEALTH  OFFICER— CITY 
DISPENSARY  PHYSICIANS— BIRTHS  AND  MAR- 
RIAGES—PRIVIES AND  VAULTS— LOW  LOTS- 
INTERMENTS  AND  CEMETERIES. 

Sec.  259.     The  Board  of  Health  of  the  City  of  Jan.  17,  1882. 


Charleston  shall  consist  of  three  practicing  physi-  Board  of 
cians  and  eight  citizens  of  the  City  of  Charleston,  pointed  anT  con- 
all  of  whom  shall  be  appointed  by  the  Mayor,  and 
from  whom  he  shall  select  a  chairman ;  and  which 
said  board  shall  hold  their  ofiice  for  the  term  of 
two  years  from  the  date  of  their  appointment  or 
until  their  successors  are  qualified. 

Sec.  260.     The  authority,  duty  and  powers  here-  Mar.  30, 1875,   §2. 
tofore  imposed  by  any  Ordinance  for  the  purpose      Duty  and  pow- 
of  preserving  health   or   preventing   disease,   upon  helit°i  fo^b^J^«f 
any  officer  or  person,   are  hereby  exclusively  con-  ed^'by'^BoIrr^o^f 
ferred  upon  and  shall  hereafter  be  exclusively  exer-  ^^^'"'• 
cised  by  the  Board  of  Health,  the  members  and  offi- 
cers thereof ;  and  the  powers  of  the  said  Board  shall 
be  construed  to  include  the  prevention  of  the  sale,  or 
offering  for  sale  of,  improper  articles ;  the  removal 
of  any  matter  or  thing  in  or  upon  the  public  streets, 
or  places  which  shall  be,  in  their  opinion,  detrimen- 


110 


BOARD  OF  HEALTH. 


Abating  of  nui- 
sances. 

lb.,  §  3- 

To  remove  or 
remedy  anything 
on  any  lot  or 
building,  which 
may  endanger 
public   health. 


lb.,    §    4- 
Sanitary  inspec- 
tors. 


lb.,   §   b. 

Powers  in  re- 
gard to  buildings, 
excavations,  &c. 


tal  to  the  public  health,  and  generally  the  abating 
of  all  nuisances  injurious  to  the  public  health. 

Sec.  261.  The  Board  of  Health  shall  have  full 
power  and  authority  to  require  the  owner  or  occu- 
pant of  any  lot  or  building  in  the  city  to  remove  or 
remedy  anything  on  said  lot  or  building,  which,  in 
the  opinion  of  the  Board,  ma}^  endanger  the  public 
health ;  and  on  failure  of  the  owner  or  occupant  to 
remove  or  remedy  the  same,  after  notice,  the  Board 
shall  have  the  same  done  at  the  expense  of  said 
owner  or  occupant,  the  said  amount  to  be  recov- 
ered in  any  court  of  competent  jurisdiction,  and  the 
owner  or  occupant  shall  be  further  subject  to  a  fine 
not  exceeding  twenty-five  dollars  or  imprisonment 
not  exceeding  ten  days. 

Sec.  262.  The  Board  of  Health  or  Health  Offi- 
cer shall  appoint  four  sanitary  inspectors,  whose  dis- 
tricts and  duties  shall  from  time  to  time  be  pre- 
scribed by  the  Board,  and  whose  salaries  shall  not 
exceed  the  sum  of  fifty  dollars  a  month  each. 
jVmong  the  other  duties  it  shall  be  incumbent  upon 
each  of  said  inspectors  to  visit  every  lot  in  his  dis- 
trict at  least  once  a  month,  and  to  report  to  the 
Board  of  Health  anything  they  may  find  which 
tends  to  endanger  the  pubilc  health ;  and  in  course 
of  such  inspection  to  examine  all  privy  vaults  and 
carry  out  such  instructions  as  may  be  given  by  the 
Board. 

Sec.  263.  The  Board  of  Health  may  order  or 
cause  any  building,  excavation,  matter  or  thing,  or 
the  sewerage,  drainage  or  ventilation  thereof,  which 
shall  be  regarded  by  the  said  Board  as  in  a  condition 
dangerous  or  detrimental  to  health,  to  be  removed, 
suspended,  altered,  or  otherwise  abated,  as  said 
Board  shall  direct ;  and  they  may  also  order  any 
substance,  matter  or  thing  left  in  any  lot,  building, 
street,  alley,  or  other  place,  which  said  Board  may 
regard  as  dangerous  or  detrimental  to  life  or  health. 


BOARD    OF    HEALTH. 


Ill 


to  be  speedily  removed  to  some  proper  place  to  be 
designated  by  them.  On  failure  of  any  party  to  obey 
the  directions  and  orders  of  the  Board  of  Health, 
such  person  shall  be  subject  to  a  fine  not  exceeding 
twenty-five  dollars  or  imprisonment  not  exceeding 
ten  days. 

Sec.  264.  The  Board  of  Health  may  enact  such 
by-laws,  rules  and  regulations  as  it  may  deem  ad- 
visable, in  harmony  with  the  provisions  and  pur- 
poses of  this  subdivision,  and  not  inconsistent  with 
the  Constitution  or  laws  of  this  State;  and  from 
time  to  time  may  alter,  annul,  or  amend  the  same. 
They  shall  also  have  powder  to  declare  what  shall  be 
deemed  nuisances  injurious  to  health,  and  to  pro- 
vide for  the  removal  thereof,  and  to  make  and  en- 
force regulations  to  prevent  the  sale  of  unwholesome 
food. 

Sec.  265.  It  shall  be  the  duty  of  every  physician 
or  other  person  who  may  be  called  upon  to  attend 
any  person  with  any  infectious,  contagious  or  pesti- 
lential disease  in  the  City  of  Charleston,  to  report  to 
the  Board  of  Health  within  twenty-four  hours  after 
the  ascertainment  of  such  disease,  the  nature  of  the 
disease,  and  the  premises  on  which  the  same  may  be. 
Provided  hozvever,  that  if  there  should  be  no  attend- 
ing physician  it  shall  be  the  duty  of  the  owner,  occu- 
pant or  lessee  of  any  premises  on  which  a  case  of 
infectious,  contagious  or  pestilential  disease  shall 
occur,  to  report  the  same  to  the  Board  of  Health  in 
like  manner  as  hereinbefore  ordained.  Any  physi- 
cian or  other  person  who  shall  violate  any  of  the 
provisions  of  this  section  shall  be  subject  to  a  fine 
of  not  more  than  fifty  dollars  or  imprisonment  not 
exceeding  thirty  days. 

Sec.  266.  It  shall  be  the  duty  of  the  police, 
whenever  called  upon,  to  execute  the  orders  of  the 
Board  of  Health ;  or  the  Board  of  Health  may  exe- 
cute such  orders  through  its  own  officers  or  persons ; 


Penalty. 


lb..  §  7. 


By-laws,       rules 
and     regulations. 


Nuisances. 


Sale       of       un- 
wholesome   food. 


March  25,  1884. 
Infectious  o  r 
contagious  d  i  s- 
eases  to  be  re- 
ported. 


Penalty. 


Mar.  30, 1875,     §8. 

Powers  of 
Board  of  Health 
in  the  execution 
of   orders. 


112 


BOARD  OF  HEALTH. 


May   14,    1901. 
Oct.  10, 1893, 

Penalty  for  ob- 
structing or  re- 
sisting Board  of 
Health. 


Oct.    10,    1903- 

lb.,    §    ID. 

Penalty  for  neg- 
lecting or  refusing 
to  comply  with 
orders,  &c.,  of 
Board  of  Health. 


Hides,    Bones,    etc. 


Unlawful  to  sell 
diseased  and  un- 
wholesome food. 


Adulterated  food. 


and  in  the  execution  of  said  orders,  such  officers  or 
persons  shall  have,  in  all  matters  relating  to  the  ex- 
ercise of  their  duties,  all  the  powers  and  authority- 
exercised  by  the  police  force. 

Sec.  267.  If  any  person  shall  obstruct  or  resist 
the  Board  of  Health  or  any  member  thereof,  or  any 
person  by  them  appointed  in  the  execution  of  the 
powers  to  them  given,  or  in  the  performance  of  the 
duties  enjoined  on  them  by  this  or  any  other  ordi- 
nance in  relation  to  the  public  health,  such  person 
shall  be  subject  to  a  fine  not  exceeding  one  hundred 
dollars  or  imprisonment  not  exceeding  thirty  days. 

Sec.  268.  If  any  person  shall  violate  any  of  the 
provisions  of  the  preceding  sections  of  this  chapter 
or  shall  refuse  or  neglect  to  comply  with  any  rule, 
regulation,  order  or  notice  of  the  Board  of  Health 
authorized  by  any  of  the  said  sections,  and  no  other 
penalty  is  provided  for  such  violation,  neglect  or 
refusal,  such  person  or  persons  shall  be  liable  to 
pay  a  penalty  not  exceeding  fifty  dollars,  or  to  an 
imprisonment  not  exceeding  thirty  days  for  each 
offence. 

Sec.  269.  No  person  shall  bring  or  cause  to  be 
brought  into  the  limits  of  the  City  of  Charleston, 
any  hides,  bones,  peltry,  rags  or  other  articles  what- 
soever, which  may  tend  to  produce  infection,  or  in 
any  way  to  injure  or  endanger  health. 

Sec.  270.  No  person  shall  sell  or  offer  or  ex- 
pose for  sale,  in  public  or  private,  any  blown,  stale, 
decaying,  putrid,  rotten  or  unwholesome  provisions, 
vegetables,  fruits  or  tainted  meats  or  fish,  or  any 
impure  or  unsound  food,  or  any  drink  liable  to  be 
injurious  to  health,  or  the  flesh  of  any  animal  that 
has  died  of  disease,  or  which  was  diseased  when 
killed. 

Sec.  271.  No  person  shall  adulterate  or  cause 
to  be  adulterated  any  substance  intended  for  food, 
or  any  drug  or  medicine,  or  shall  offer  for  sale  any 
such  adulterated  article. 


ROARD  OF  HEALTH.  W^ 

Sec.  272.     No  distiller,  brewer,  or  keeper  of  any     Putrid,  offensive 

.  matter    not    to    be 

workshop,  manufactory  or  laboratory,  or  warehouse  produced  or  stored 

,  1-1111  1  'f*  City  limits. 

keeper  or  owner,  or  soapboiler,  chandler,  or  other 
person,  shall  have,  keep,  or  use,  produce  or  store, 
within  the  limits  of  the  City  of  Charleston,  foul, 
fetid,  putrid  or  offensive  or  injurious  matters,  sub- 
stances or  odors  or  vapors  liable  to  injure  health, 
and  on  complaint  of  the  Chairman  of  the  Board 
of  Health  and  the  Health  Officer,  unless  it  be  at  once 
discontinued,  and  his  honor,  the  Mayor,  shall  order 
such  places  to  be  forthwith  closed  and  such  business 
stopped,  the  continuance  of  which  is  liable  to  injure 
health. 

Sec.  273.     The  Health  Officer  shall  remove  or      Removal  of 

'  -^  .  foul    or    offensive 

cause  to  be  removed  any  foul  or  offensive  matters  matter. 
whatever  to  such  place  or  places  as  may  be  selected 
by  said  Board  of  Health  at  the  expense  of  the  owner 
of  said  matter,  or  the  occupant  or  owner  of  the 
premises  where  the  same  may  be,  and  he  shall  have 
authority  to  call  upon  the  police  department  to 
assist  him  in  the  enforcement  of  this  provision. 

Sec.  274.     All  slaughter  houses,  dairies,  stables.     Slaughter 

.  houses,         stables, 

and  other  places  where  animals  are  kept  for  any  etc.,  to  be  kept 
purpose  whatever,  shall  be  kept  clean  and  whole- 
some by  removal  of  all  ordure,  urine  and  other 
offensive  matters,  and  by  suitable  cleansing  as  often 
as  may  be  necessary  in  the  opinion  of  the  Health 
Officer. 

Sec.  275.     No  lot  shall  be  used  for  building  pur-      Lots  to  be  filled 

,        ,_.  -    ,^.         .  Ml  1      11     ^'id      drained     be- 

poses  m  the  City  of  Charleston  until  the  same  shall  fore  houses  are 
have  been  inspected  by  the  City  Surveyor,  who  shall 
give  a  certificate  that  such  lot  is  filled  above  the 
level  of  the  pavement  and  graded  so  as  to  be  effect- 
ually drained,  and  upon  such  certificate  all  owners, 
agents,  contractors  and  builders  are  required  to 
obtain  permits  from  the  Board  of  Health  before 
commencing  the  erection  of  any  building. 

Sec.   276.     All  owners  and  agents  of  dwelling  water  supply. 
8 


114 


BOARD    OF    HEALTH. 


Defective  vaults. 


Vaults 
cleaned. 


to      be 


Small   pox — re- 
moval  of  cases. 


Conveyance  of 
offensive  matter 
through  streets. 


houses  shall  provide  that  the  same  be  amply  sup- 
plied with  hydrant  water  or  with  a  cistern  or  cis- 
terns having  a  suitable  capacity,  and  whose  lower 
water  level  is  above  ground. 

Sec.  277.  Whenever  any  privy  vault  shall  be 
found  defective  or  leaky,  th'e  Board  of  Health, 
through  its  proper  officers,  may  order  the  same  to 
be  emptied  or  repaired  or  to  be  rebuilt. 

Sec.  278.  Whenever  any  privy  vault  shall  be 
filled  within  one  foot  of  the  surface  thereof,  or  when- 
ever the  Board  of  Health  through  its  proper  officers 
shall  so  order,  such  privy  vault  shall  be  emptied  by 
the  owner,  agent  or  tenant  within  forty-eight  hours 
after  notice,  under  penalty  not  exceeding  twenty- 
five  dollars,  and  in  default  of  payment  of  the  fine, 
imprisonment  not  exceeding  thirty  days  in  the 
county  jail ;  provided  that  in  all  cases  when  the 
tenant  or  lessee  shall  have  assumed  in  writing  the 
obligation  of  emptying  said  privy  vaults,  the  pen- 
alty shall  be  inflicted  upon  the  tenant  or  lessee,  and 
not  upon  the  owner  or  his  agent.. 

Sec.  279.  The  Board  of  Health  may  remove  or 
cause  to  be  removed  to  hospital,  or  other  place  of 
treatment,  any  person  or  persons  suffering  from 
smallpox,  whenever  such  removal  shall,  in  the  dis- 
cretion of  said  Board,  be  deemed  necessary  for  the 
proper  treatment  of  such  person  or  persons,  for  the 
prevention  or  spread  of  such  disease. 

Sec.  280.  Any  vidanguer,  agent  or  employee  of 
vidanguer,  or  any  other  person  who  shall  convey 
through  any  street  or  public  way  of  the  City  of 
Charleston,  any  excrement  not  thoroughly  deodor- 
ized, as  required,  shall  be  liable  to  a  fine  not  ex- 
ceeding twenty-five  dollars,  and  in  default  of  pay- 
ing such  fine,  such  offender  shall  suffer  imprison- 
ment in  the  county  jail  not  exceeding  thirty  days. 
Any  person  who  shall  convey  through  such  street 
or  public  way  other  odure,  foul  or  offensive  matter, 


BOARD    OF    HEALTH. 


115 


I 


except  in  such  receptacles  as  shall  be  approved  by 
the  Health  Officer,  shall  be  subject  to  a  like  penalty 
and  suffer  in  the  same  manner  as  prescribed  above. 

Sec.  281.     The  members  of  the  Board  of  Health     who     charged 
and  its  agents,  officers  and  employees,  and  the  mem-  ment. 
bers  of  the  Charleston  Police  Force,  and  the  Re- 
corder   of    the    City    of    Charleston    are    specially 
charged  with  the  enforcement  of  this  Ordinance. 

Sec.  282.  The  penalty  for  each  and  every  viola-  penalties, 
tion  of  any  of  the  foregoing  sections  or  parts  of  this 
Ordinance  shall  be  a  fine  not  exceeding  twenty-five 
dollars  recoverable  before  the  Recorder  of  the  City 
of  Charleston,  or,  in  default  of  the  payment  of  the 
fine,  imprisonment  not  exceeding  thirty  da^  for 
each  and  every  offence. 

Health  Officer. 

Sec.  283.  A  Health  Officer  shall  be  elected  by  juiy  g,  1889. 
the  City  Council  on  the  second  Tuesday  in  January,  Duties_  _of  the 
A.  D.  nineteen  hundred  and  five,  and  on  the  same 
day  in  every  fourth  year  thereafter,  w^hose  duty  it 
shall  be  to  keep  his  office  located  in  the  city  hall  or 
in  some  convenient  place  in  that  immediate  vicinity, 
to  be  approved  by  the  City  Council,  open  from  9 
o'clock  a.  m.  until  3  o'clock  p.  m.,  every  day,  Sun- 
days and  holidays  excepted,  for  the  convenience  of 
the  citizens ;  and  keep  a  record  book  for  complaints 
or  notices  of  nuisances  to  be  attended  to  by  him. 
He  shall  prepare  and  publish  weekly  bills  of  mor- 
tality; keep  a  public  register  of  all  deaths  which 
take  place  in  the  City;  inquire  into  the  cause  of  all 
epidemical  diseases,  and  report  the  same  to  the 
Board  of  Health,  or  to  the  Mayor;  make  inquiries 
concerning  the  state  of  public  health,  when  required, 
and  report  to  the  Mayor  or  Board  of  Health.  He 
shall  submit  to  the  City  Council  on  the  first  Monday 
in  January  of  each  year,  a  full  report,  showing  the 


Health  Officer. 


116 


BOARD    OF    HEALTH. 


lb.,   §    2. 


Shall  be  Secre- 
tary  of  the 
Board  ot  rfealth. 


Shall  carry  out 
all  orders  of  the 
Board    of    Health. 


lb.,    §    3- 


Shall  keep  a  rec- 
ord of  reports  of 
City    Physicians. 


lb. 

,    § 

4- 

March 

s. 

1895. 

Salary. 
March 

10, 

1903. 

Clerk  of  Health 
Officer. 


duties  performed,  the  state  of  public  health  during 
the  past  year,  a  record  of  births,  deaths  and  mar- 
riages, and  shall  submit  such  suggestions  and  recom- 
mendations as  he  may  deem  expedient  and  proper. 

Sec.  284.  The  Health  Officer  shall  be  Secre- 
tary of  the  Board  of  Health.  He  shall  furnish  to 
the  Board,  when  desired,  such  information  in  re- 
gard to  public  health  as  may  be  necessary,  and  report 
any  improvements  or  alterations,  in  buildings  or 
streets,  that  in  anywise  affect  the  general  health  of 
the  City.  He  shall  receive  from  the  sextons  the 
burial  certificates,  keeping  a  record  of  the  same ;  and 
report  to  the  Mayor  all  violations  of  the  Ordinances 
concerning  burials,  that  come  under  his  notice.  He 
shall  attend  the  meetings  of  the  Board  of  Health,  and 
carry  out  all  orders  of  the  Board,  or  of  the  Mayor, 
in  relation  to  the  sanitary  regulations  of  the  City; 
and  from  time  to  time,  and  whenever  ordered  to 
do  so,  by  the  Mayor  or  Board  of  Health,  make  a 
thorough  and  systematic  examination  of  the  City ; 
and  he  shall  cause  all  nuisances  to  be  abated  with 
reasonable  promptness. 

Sec.  285.  The  Health  Officer  shall  keep  a  record 
of  all  reports  rendered  from  the  City  Dispensary 
Physicians,  the  Shirra's  Dispensary  Physicians,  and 
the  City  Hospital  Physicians ;  shall  tabulate  all  such 
reports ;  and  at  the  end  of  each  year,  including  the 
31st  of  December,  shall  present  them  to  the  City 
Council,  with  his  reports  concerning  his  own  specific 
duties. 

Sec.  286.  No  officer  or  clerk  in  the  Health  De- 
partment or  Health  Officer's  office  shall  be  em- 
ployed without  the  sanction  of  the  Board  of  Health. 

Sec.  287.  The  salary  of  the  Health  Officer  shall 
be  eighteen  hundred  dollars  per  annum,  payable 
monthly. 

Sec.  288.  The  Board  of  Health  shall  elect  an- 
nually,  in  January,  a  clerk  to  the   Health  Officer, 


J 


BOARD    OF    HEALTH. 


117 


who  shall  hold  his  office  for  one  year,  and  who  shall 
perform  such  duties  as  may  be  required  of  him  by 
the  Board  of  Health.  The  salary  of  the  said  clerk 
sahll  be  one  thousand  dollars  per  annum,  payable 
monthly. 

City  Dispensary  Physicians. 


Sec.  289.  That  at  the  annual  election  of  City 
officers  in  January.  City  Council  shall  elect  six  dis- 
pensary physicians,  who  shall  have  charge  of  the 
indigent  sick  of  the  City. 

Sec.  290.  That  the  City  of  Charleston  shall  be 
divided  bv  the  Board  of  Health  into  six  health  dis- 
tricts,  and  that  the  said  Board  shall  assign  to  each 
of  the  said  physicians  one  of  the  said  health  dis- 
tricts. 

Sec.  291.  That  the  physicians  so  assigned  shall 
have  their  offices  within  the  districts  to  which  they 
are  severall}'  assigned,  shall  be  subject  to  the  pro- 
visions of  the  General  Ordinances  and  all  amend- 
ments thereto  relating  to  City  Officers,  and  during 
the  term  of  their  service  shall  not  hold  any  other 
professional  office  or  appointment  without  the  con- 
sent of  the  Board  of  Health. 

Sec.  292.  That  a  dispensary  physician  changing 
his  residence  from  the  district  to  which  he  was 
assigned  thereby  vacates  his  office,  and  an  election 
to  fill  such  vacancy  will  be  held  by  the  City  Coun- 
cil. That  no  temporary  substitute  shall  be  made 
without  the  authority  and  concurrence  of  the  Board 
of  Health. 

Sec.  293.  That  no  physician  elected  under  this 
Ordinance  shall  be  allowed  under  any  circumstances 
to  hold  the  office  of  a  City  Dispensary  Physician  for 
more  than  four  years,  nor  shall  any  physician  who 
has  held  the  office  of  City  Dispensary  Physician  for 
four  years  under  any  previous  Ordinance  be  eligible 
for  election  under  this  Ordinance. 


April    26,    1892. 

Physicians  t  o 
the  poor — Elec- 
tion  of. 


City  to  be  di- 
vided into  six 
Districts. 


Shall    reside    in 
their   Districts. 


Change  of  resi- 
dence from  Dis- 
trict vacates 
office. 


Not  to  hola 
longer  than  four 
years. 


118 


BOARD  OF  HEALTH. 


Not  to  engage 
in  private  prac- 
tice. 


To    answer    all 
calls. 


To     carry 
pocket   case. 


Complaints. 


Physicians        to 
report   monthly. 


Salary. 


City    Apothecaries. 


Shall  furnish 
medicines  ordered 
by    Physicians. 


Sec.  294.  That  neither  of  the  aforesaid  city 
dispensary  physicians  shall,  during  the  period  he 
holds  office,  engage  or  be  employed  in  any  private 
medical  practice  for  gain. 

Sec.  295.  That  these  dispensary  physicians 
shall  answer  calls  at  all  hours,  and  shall,  without 
charge,  attend  the  indigent  sick  resident  in  their 
respective  districts,  and  shall  always  carry  with 
them  a  pocket  case  of  medicines  for  use  in  emer- 
gency. They  shall  have  power  to  issue  permits  for 
the  admission  into  the  wards  of  the  City  Hospital 
of  such  indigent  sick  as  in  their  judgment  may  re- 
quire hospital  care  and  treatment. 

Sec.  296.  That  all  complaints  originating  in 
the  care  of  the  indigent  sick  of  the  City  shall  be 
adjudicated  by  the  Board  of  Health,  under  such 
rules  as  they  ma)^  from  time  to  time  establish. 

Sec.  297.  That  each  dispensary  physician  shall 
make  a  tabular  report  monthly  to  the  Board  of 
Health,  and  he  shall  also  make  a  quarterly  Veport  to 
the  said  board  of  all  important  matters  connected 
with  his  office  and  duties. 

Sec.  298.  That  the  salary  of  the  said  physicians 
shall  be  at  the  rate  of  six  hundred  dollars  per  an- 
num, with  an  additional  allowance  of  one  hundred 
and  fifty  dollars  for  horse  feed,  and  one  hundred 
dollars  for  office  rent;  being  a  total  of  eight  hun- 
dred and  fifty  dollars  per  annum,  payable  monthly, 
for  each  of  the  said  physicians. 

Sec.  299.  That  the  Board  of  Health  shall  elect 
annually  six  apothecaries,  one  for  each  Dispensary 
district,  and  each  of  the  said  apothecaries  shall  have 
his  place  of  business  within  the  district  for  which 
he  has  been  elected.  These  apothecaries  shall  fur- 
nish such  medicines  and  fill  such  prescriptions  for 
the  indigent  sick  as  shall  be  ordered  by  the  Dispen- 
sary Physicians  of  their  respective  districts,  and  for 
such  medicines  and   service  thev  shall  receive  the 


BOARD  OF  HEALTH.  -j-iq 

sum  of  five  hundred  dollars  each  per  annum,  pay-  Compensation. 
able  monthly. 

Sec.  300.  That  the  Board  of  Health  shall  pre-  Rules, 
pare  such  rules  for  the  guidance  and  control  of  the 
Dispensary  Physicians  and  apothecaries  as  in  their 
judgment  shall  be  most  conducive  to  the  interests 
of  the  sick  poor  of  the  City.  The  Board  shall  also 
furnish  all  blanks  for  necessary  reports. 

Births  and  Marriages. 

Sec.   301.     That   every  physician,   mid-wife,   or      oct.  12,  1877. 
other  person  who  may  professionally  assist  or  advise  kerp^^regt"t%   of 
at  any  birth,   shall   make  and   keep  a   registry  of  ^"'*'^^'  ^''^• 
every  such  birth,   and  therein  enter  the  time  and 
place  of  such  birth,  and  the  sex  and  color  of  every 
child  born,  and  the  names,  color,  occupation  and  res- 
idence of  each  of  the  parents,  so  far  as  such  facts 
can  be  ascertained ;  and  every  clergyman,  magistrate      clergymen     to 
or  other  person  who  may  perform  a  marriage  cere-  maTriagef'^l'tc.  °^ 
mony  shall  make  and  keep  a  registry  of  the  mar- 
riage celebrated,  and  therein  enter  the  full  names  of 
the  parties  married,  the  time  and  place  of  such  mar- 
riage celebrated,  and  therein  enter  the  full  names 
of  the  parties  married,  the  time  and  place  of  such 
marriage,  the  color,  age,  residence  and  condition  of 
each.     That  it  shall  be  the  duty  of  every  person 
mentioned  in  this  section  to  present  to  the  Health 
Officer  a  copy  of  such  register,  signed  bv  such  per-     Jo  be  prese.^- 

i  •;  b  '        fc>  ,  .     ^  ed  to  Health  Offi- 

son,  or  a  written  statement  by  him  or  her  signed,   cer  within   three 

...  days. 

of  all  the  facts  required  to  be  entered  m  such  regis- 
ters, within  three  days  after  the  birth  or  marriage 
of  any  person  to  whom  such  registry  may  or  should 
relate. 

Sec.  302.     That  every  person  who  shall  omit  to     penalty  for  faii- 
make  and  keep  the  registry  hereinbefore  required,  returns.' 
or  who  shall  omit  to  report  a  written  copy  of  the 
same  to  the  Health  Officer  within  three  days  after 


120 


BOARD    OF    HEALTH. 


March  3,   1900. 

Removal  of  dead 
animals. 


Superintendent 
of  Streets  to  be 
notified  of  death 
of  animals. 


Suitable  per- 
son to  be  ap- 
pointed to  re- 
move dead  ani- 
mals. 


Compensation. 


Penalty    for    vi- 
olation. 


any  birth  or  marriage,  or  who  shall  wilfully  make  a 
false  or  fictitious  entry  in  his  or  her  record  of  births 
or  marriages,  or  in  the  certified  copy  of  such  regis- 
ter delivered  to  the  Health  Officer,  shall  be  subject 
for  each  and  every  such  omission  or  false  entry  to 
a  fine  of  not  more  than  fifty  dollars ;  and  in  default 
of  paying  the  same,  shall  suffer  imprisonment  not 
exceeding  thirty  days. 

Sec.  303.  That  no  person  or  persons,  firms  or 
corporations,  save  and  except  the  duly  authorized 
and  appointed  representatives  of  the  City  of  Charles- 
ton, shall  be  allowed  to  remove  any  dead  horse, 
mule,  cow,  heifer,  bull,  ox,  calf,  or  other  cattle  from 
the  place  where  such  animal  came  to  its  death. 

Sec.  304.  That  immediately  upon  the  death  of 
such  animal  above  named,  the  owner  or  owners 
thereof  shall  notify  the  Superintendent  of  Streets 
at  his  office  in  the  City  Hall,  giving  him  full  inform- 
ation as  to  the  kind  of  animal,  and  the  place  where 
the  same  can  be  found. 

Sec.  305.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Streets  on  the  2d  day  of  January  of  each 
and  every  year,  to  appoint  a  suitable  person,  whose 
duty  it  shall  be  to  convey  all  such  dead  animals  out 
of  the  city  limits  within  twenty-four  hours  from 
the  time  of  the  receipt  of  the  notification  of  the  death 
of  such  animal,  such  person  so  appointed  to  receive 
from  the  owner  or  owaiers  of  the  dead  animal  as 
compensation  therefor  the  sum  of  fifty  cents,  if  so 
much  be  necessary,  for  each  and  every  animal  so 
hauled  or  conveyed  beyond  the  corporate  limits  of 
the  City  of  Charleston;  and  fifty  cents,  if  so  much 
be  necessary,  from  the  City  of  Charleston,  to  be 
paid  by  the  Superintendent  of  Streets  out  of  the 
funds  of  the  street  department. 

Sec.  306.  Any  person  or  persons,  firms  or  cor- 
porations violating  any  of  the  terms  of  this  Ordi- 
nance shall  upon  conviction,  be  fined  ten  dollars  or 
imprisoned  for  thirty  days. 


BOARD    OF    HEALTH. 


121 


Sec.  307.  That  no  person  or  persons,  firm  or 
corporation,  shall  erect,  hiiild  or  construct,  or  have 
erected,  built  or  constructed,  any  cistern,  tank,  bar- 
rel or  other  receptacle  for  the  purpose  of  catching, 
receiving  or  holding  rain  water  below  the  surface 
of  the  earth,  but  shall  be  so  constructed  and  placed 
that,  when  filled  partly  or  entirely  with  water,  such 
water  shall  be  above  the  surrounding  ground. 

Any  person  or  persons,  or  any  member  or  mem-  Penalty. 
bers  of  any  firm,  or  any  officer  or  officers  of  any 
corporation  who  shall  be  found  guilty  of  violating 
this  Ordinance  shall  be  fined  one  hundred  dollars, 
or  suffer  imprisonment  for  thirty  days. 

Sec.  308.  If  any  filth,  dirt,  rubbish  or  animal 
or  vegetable  matter  shall  at  any  time  be  found  in 
any  street,  alley,  or  lane,  contrary  to  the  provisions 
of  this  Ordinance,  it  shall  be  deemed  and  taken  to 
have  been  placed  there  from  the  lot  nearest  thereto, 
and  the  owner,  occupant,  lessee  or  tenant  of  such  lot 
shall  be  fined  accordingly,  unless  he  or  she  can  make 
it  appear  to  the  satisfaction  of  the  Mayor  or  Board 
of  Health,  as  the  case  may  be,  that  it  was  placed 
there  by  some  other  person,  in  which  case  the  per- 
son guilty  of  the  offence  shall  be  liable  to  a  fine  of 
not  less  than  twenty  dollars  nor  more  than  fifty  dol- 
lars, or  be  subject  to  imprisonment  not  exceeding 
ten  days.  Provided,  That  where  the  owner,  occu- 
pant, lessee  or  tenant  of  such  lot  shall  deny  that  such 
dirt,  filth  or  rubbish  was  thrown  from  his  or  her 
lot,  and  shall,  upon  being  notified  thereof,  forthwith 
make  oath  that  he  or  she  doth  verily  believe  that  the 
same  was  not  taken,  carried  or  thrown  out  from  his 
or  her  lot,  the  person  so  swearing  shall  be  relieved 
from  the  said  penalty ;  Provided  alivays,  that  noth- 
ing in  this  section  contained  shall  be  construed 
to  extend  to  the  making  of  drains,  filling  up  low  lots, 
or  to  the  removal  of  other  nuisances  than  those 
above  specified,  which  shall  be  dealt  with  according 


Sept.    I  1 ,    1900. 

Unlawful  to 

build  cisterns  or 
tanks  under- 
ground. 


Sept.   27,    1836. 

Filth  found  on 
street  shall  be 
deemed  to  have 
been  placed  there 
from  the  nearest 
lot. 


Proviso. 


122 


BOARD  OF  HEALTH. 


July    2T,    1880. 

Notice  to  be 
given  for  con- 
nection with  pub- 
lic   drains. 


June   15,    1897. 

Surface  of 
earth  not  to  be 
disturbed  between 
I  St  of  June  and 
I  St  of  October. 


Penalty. 


Exceptions. 


to  the  laws  now  in  force,  or  hereafter  to  be  pre- 
scribed. 

Sec.  309.  That  all  persons,  companies  or  cor- 
porations, intending  to  open  any  public  drain,  to 
make  house  or  other  connections  with  the  same, 
shall  give  timely  notice  to  the  Street  Department, 
so  that  they  may  make  all  the  necessary  exami- 
nations by  levels  of  the  locality  to  be  drained,  and 
study  out  and  specify  the  mode  and  manner  of  such 
drainage,  and  its  connections  with  the  public 
drains,  as  now  provided  to  be  done  in  all  streets 
where  the  public  drains  are  built;  and  any  party 
opening  a  public  drain  without  giving  said  notice, 
and  acting  in  acordance  with  existing  rules  of  the 
Board  of  Health  thereto  belonging,  shall  be  liable 
to  a  penalty  of  fifty  dollars  or  imprisonment  not 
exceeding  ten  days. 

Sec.  310.  Except  by  express  permission  of  the 
Board  of  Health,  to  be  given  in  writing,  it  shall  not 
be  lawful  to  dig  up  or  disturb  the  surface  of  the 
earth,  within  the  limits  of  the  City,  between  the  first 
day  of  June  and  the  first  day  of  October,  in  any 
year,  for  the  purpose  of  paving  the  streets,  of  exca- 
vating for  drains,  of  laying  down  gas  or  other  pipes, 
or  of  carrying  on  any  other  public  improvement,  and 
any  person  or  persons,  or  incorporated  company 
offending  herein,  shall  be  subjected  to  a  penalty  of 
$500,  for  each  and  every  offence,  to  be  recovered 
for  the  use  of  the  City  in  any  Court  of  competent 
jurisdiction :  Provided,  that  any  incorporated  com- 
pany or  their  agent  or  agents  may,  with  the  con- 
sent of  the  Mayor,  at  any  time  during  the  year,  lay 
down  service  pipes  in  any  street,  lane  or  alley  of  the 
City  in  which  main  pipes  have  been  already  laid, 
upon  the  express  condition  and  proviso,  however, 
that  between  the  first  day  of  June  and  the  first  day 
of  October  in  every  year  each  piece  of  service  pipe 
shall  be  laid  and  the  earth  and  pavement  restored, 


BOARD    OF    HEALTH. 


123 


during  the  day  in  which  the  surface  of  any  street, 
lane  or  alley  is  opened  for  the  aforesaid  purpose. 

Sec.  311.     That  the  Board  of  Health  are  hereby  ^^-.^s- 

authorized  to  enact  all  rules  and  regulations  neces-     Board  of  Health 

^      .    .  to  enact  rules  for 

sary  to  carry  out  effectually  the  provisions  of  the  purpose, 
two  preceding  Sections. 

Privies  and   Vaults. 

Sec.  312.     It  shall  not  be  lawful  for  any  vault  or      Aug.  20,  1836. 
privy  to  be  constructed  at  less  than  ten  feet  distant     Unlawful     for 

r  1        1-  r  1    •  r  ^"^    privy    to    be 

from  the  line  of  any  street,  lane  or  alley ;  and  if  any  constructed     less 

.     ,  I-  1  r  1  1     than        ten        feet 

01  the  owners,  tenants  or  occupants  01  any  lot  01  land  from  the  street. 
within  the  limits  of  the  City  shall  construct  or  erect 
any  vault  or  privy  thereon,  at  the  distance  of  less 
than  ten  feet  from  the  line  of  any  street,  lane  or 
alley,  such  person  or  persons  so  offending  shall  be 
subject  to  a  penalty  of  one  thousand  dollars,  to  be  Penalty, 
recovered  in  any  court  having  jurisdiction.  Such 
person  shall  be  also  subject  to  imprisonment  not 
exceeding  thirty  days. 

Sec.   ^r^     Privies  on  lots  within  the  City  shall      ^p.".'  "•  '^37. 

«-'«-'  -^  Privies      to      be 

be  so  constructed  that  the  contents  thereof  cannot  constructed       so 

that    the    contents 

escape  therefrom  or  overflow ;  and  whenever  any  cannot  overflow. 
vault  or  privy  becomes  offensive,  the  same  shall  be 
cleansed ;  and  the  owner  or  occupant  of  the  premises 
on  which  any  vault  or  privy  may  be  situated,  the 
condition  of  which  shall  be  in  violation  of  this  sec- 
tion, shall  remove,  cleanse,  alter,  amend,  or  repair 
the  same,  within  a  reasonable  time  after  notice  in 
writing  to  that  effect  shall  be  given  by  the  Board  of 
Health.  In  case  of  neglect  or  refusal,  the  same  shall 
be  performed  by  order  of  the  said  Board  of  Health, 
at  the  expense  of  the  owner  or  occupant  of  such 
premises ;  to  be  first  paid  by  the  City,  and  then  recov- 
ered, with  interest,  from  such  owner  or  occupant,  in 
any  Court  having  jurisdiction;  or  be  subject  to  im- 
prisonment not  exceeding  thirty  days. 


124 


BOARD    OF    HEALTH. 


Aug.   13,   1851. 

Unlawful  for 
any  person  to 
connect  any 
privy  or  water 
closet  with  the 
city  drains. 


Penalty. 


Penalty  on  per- 
sons engaged  in 
constructing  same. 


March   30,    1875. 

Privy   vaults   to 
be     cleaned     once 


Sec.  314.  It  shall  not  be  lawful  for  any  person 
or  persons  except  by  written  permission  from  the 
Health  Department,  to  connect  any  vault,  privy,  or 
water-closet  upon  any  lot,  with  any  of  the  drains 
of  the  City,  or  to  discharge  or  convey  the  contents 
thereof  into  any  such  drains ;  and  any  person  or  per- 
sons offending  herein,  whether  he  or  they  be  the 
owners  or  occupants  of  such  lots,  shall  forfeit  and 
pay  to  the  City  the  sum  of  one  thousand  dollars  for 
each  and  every  offence ;  and,  also,  a  further  addi- 
tional sum  of  one  hundred  dollars  for  each  and  every 
day  that  the  said  gievances,  or  any  of  them,  shall 
continue,  after  written  notice  from  the  Mayor  or 
Board  of  Health  to  abate  or  discontinue  the  same. 
And  any  person  who  shall  be  concerned  or  engaged 
in  the  building  or  construction  of  any  means  or  con- 
veyance or  connection  for  the  purposes  aforesaid,  or 
any  of  them,  shall,  for  each  offence,  be  fined  a  sum 
not  exceeding  one  hundred  dollars.  Such  person 
shall  be  also  subject  to  imprisonment  not  exceeding 
thirty  days. 

Sec.  315.  All  privy  vaults  shall  be  cleaned  once 
a  year,  or  as  frequently  as  may  be  deemed  necessary 
by  the  Board  of  Health ;  and  the  contents  thereof 
shall  be  removed  only  in  air-tight  vessels,  to  be  ap- 
proved by  the  said  Board  of  Health :  and  no  person 
shall  engage  in  the  business  of  emptying  the  said 
privy  vaults  without  first  obtaining  a  license  from 
the  said  Board  of  Health. 


Low  Lots. 


April    II,    1837. 

Low  lots  to  be 
examined  by  a 
Board  of  Inspec- 
tion. 


Sec.  316.  Whenever  it  shall  appear  to  the 
Board  of  Health  that  any  low  lots  or  vacant  grounds 
are  in  a  condition  to  injure  or  endanger  the  public 
health,  it  shall  be  the  duty  of  the  said  Board  of 
Health  to  appoint  a  Board  of  Inspection  to  be  com- 
posed of  the  Health  Officer  and  four  members  of  the 


BOARD    OF    HEALTH. 


125 


Board  of  Health  (any  three  of  whom  shall  be  a 
quorum,)  whose  duty  it  shall  be  to  enter  upon  and 
thoroughly  examine  such  lots  or  vacant  grounds, 
and  determine  by  the  vote  of  not  less  than  three  of 
the  said  Board,  whether  such  lots  or  vacant  grounds 
shall  be  drained,  filled  up,  levelled,  or  otherwise  so 
improved,  as  to  remove  the  nuisance  and  evil  there 
complained  of  or  existing.  And  should  the  said 
Board  of  Inspection  be  of  opinion  that  such  lots 
or  vacant  grounds  ought  to  be  filled  up,  levelled  or 
drained,  they  shall  submit  a  detailed  report  to  the 
City  Council,  setting  forth  the  actual  condition 
thereof,  and  suggesting  the  mode,  materials,  and 
extent  to  which  such  low  lots  or  vacant  grounds 
shall  be  filled  up,  levelled,  or  drained;  upon  which 
report  Council  shall  take  such  order  and  direction 
thereon  as  they  may  deem  expedient. 

Sec.  317.  In  case  Council  shall  order  the  report 
of  said  Board  of  Inspection,  made  as  aforesaid,  to 
be  carried  into  effect,  or  shall  direct  such  low  lots 
to  be  filled  up,  levelled,  or  drained,  it  shall  be  the 
duty  of  the  Health  Officer  to  serve  a  notice,  in  writ- 
ing, on  the  owner  or  owners  of  such  low  lots  or 
vacant  grounds,  directing  said  owner  or  owners  to 
have  such  lots  or  vacant  grounds  filled  up,  levelled, 
or  drained,  as  Council  may  require,  to  such  extent, 
in  such  manner,  with  such  materials,  and  within 
such  reasonable  time  as  may  be  prescribed  by  the 
said  order  of  the  City  Council.  And,  in  case  of  neg- 
lect or  refusal  of  such  owner  or  owners  to  obey  said 
notice  it  shall  be  the  duty  of  the  Health  Officer  to 
cause  such  lots  or  grounds  to  be  filled  up,  levelled, 
or  drained  in  the  manner  prescribed  in  the  said  no- 
tice, under  the  order  and  direction  of  the  said  Board 
of  Inspection.  The  expenses  and  charges  paid  or 
incurred  in  case  such  lots  or  grounds  shall  be  filled 
up,  levelled  or  drained,  under  the  order  of  the  Board 
of  Inspection,  shall  be  paid,  in  the  first  instance,  out 


Reports     to     be 
made  to  Council. 


Notice  to  be 
served  on  owners 
of  lots. 


In  case  of  ne- 
glect or  refusal 
on  part  of  owner, 
Health  Officer  to 
fill  said  lot. 


Expense  to  be 
paid  out  of 
Treasury  and  af- 
terward recov- 
ered. 


126 


BOARD    OF    HEALTH. 


City  Surveyor 
to  attend  Board 
of  Inspection. 


Powers  of 
Boards  in  rela- 
tion to  drains 
and    cellars. 


Penalty  for  dis- 
obeying Board  of 
Inspection. 


of  the  City  Treasury,  and  shall  afterwards  be  recov- 
ered, with  interests  and  costs  of  suit  in  an  action  of 
debt,  to  be  brought  by  Council  in  the  Court  of  Com- 
mon Pleas,  against  the  owner  or  owners  of  such 
lots  or  grounds.  The  City  Surveyor  or  Assistant 
Surveyor  shall,  whenever  required,  attend  the  said 
Board  of  Inspection  on  the  examination  of  low  lots 
and  grounds,  and  under  their  direction  make  plans 
for  filling,  levelling  and  draining  the  same. 

Sec.  318.  The  said  Board  of  Inspection  shall 
have  power  to  order  private  drains  leading  from 
pumps,  wells  or  other  places  on  private  lots  into 
the  public  drains  of  the  City,  to  be  built,  repaired 
and  altered  in  such  manner  and  within  such  time 
as  they  may  direct;  notice  of  which  shall  be  served 
in  writing  by  the  Health  Officer  upon  the  owners  or 
occupants  of  said  lots.  The  said  Board  shall,  in  like 
manner,  cause  all  cellars  to  be  drained  or  filled  up, 
and  houses  to  be  cleansed  and  all  nuisances  prejudi- 
cial to  the  health  of  the  city,  to  be  removed.  And  in 
case  the  owners  or  occupants  of  any  lot  shall  neg- 
lect or  refuse  to  comply  with  such  notice  the  said 
Board  of  Inspection  shall  have  the  power  to  cause 
their  order,  as  expressed  therein,  to  be  carried  into 
effect  by  the  Health  Officer,  at  the  expense  of  the 
owners  or  occupants  aforesaid;  to  be  paid  in  the 
first  instance  out  of  the  City  Treasury,  and  after- 
wards to  be  recovered,  with  interest  and  costs,  in 
any  court  of  competent  jurisdiction  by  an  action 
against  such  owners  or  occupants. 

Sec.  319.  If  the  owner  or  occupant  of  any  lot, 
ground,  house,  cellar,  vault  or  enclosure,  or  any 
other  person  found  thereon,  shall  refuse  or  delay 
to  open  the  same  and  suffer  it  to  be  examined  by  the 
Board  of  Inspection  or  the  Health  Officer,  acting 
under  their  orders,  or  shall  in  any  wise  molest,  inter- 
rupt, hinder,  obstruct,  or  oppose  any  member  of 
said  Board,  or  the  Health  Officer,  in  the  discharge 


BOARD    OF    HEALTH. 


127 


of  any  of  the  duties  prescribed  herein,  or  of  the 
workmen,  laborers  or  agents  employed  by  the  said 
Board,  or  the  Health  Officer,  in  the  performance  of 
any  work  ordered  by  the  said  Board,  or  Health 
Officer,  in  execution  of  the  duties  herein  required, 
such  owner  or  occupant,  or  other  person  offending 
herein,  shall  be  subject  to  a  penalty  not  exceeding 
one  hundred  dollars  for  every  such  offence  or  im- 
prisonment not  exceeding  thirty  days. 

Sec.  320  The  owner  of  any  low  lot  or  grounds.  Penalty  on  lot 
which  shall  be  found  by  the  said  Board  of  Inspection 
in  a  state  of  nuisance,  and  the  owner  or  occupant  of 
any  lot,  ground,  cellar,  vault  or  enclosure,  on  which 
any  nuisance  contrary  to  the  provisions  of  this  sub- 
division shall  be  found  by  the  said  Board,  shall., 
notwithstanding  their  liability  for  the  charges  and 
expenses  attending  the  filling  up.  levelling  or  drain- 
ing such  low  lot  or  grounds,  and  removal  of  other 
nuisances,  be  subject  to  a  penalty  not  exceeding 
twenty  dollars  for  each  low  lot  or  ground  found  in 
a  state  of  nuisance,  or  for  each  lot,  ground,  house, 
cellar,  vault  or  enclosure,  on  which  such  other  nui- 
sance shall  exist.  And  the  owner  or  occupant,  as 
aforesaid,  shall,  moreover,  be  subject  to  a  penalty 
not  exceeding  five  dollars  for  each  day  said  nui- 
sance shall  remain  in  such  lot,  ground,  house,  cellar, 
vault  or  enclosure  contrary  to  the  notice  hereinbefore 
directed  to  be  served  for  the  removal  thereof. 

Sec.  321.     The  Health  Officer  immediately  after      Health    officer 
any  lot  shall  be  filled  up,  levelled,  or  drained,  or  any  levelled  and 
cellar  filled  up,  or  other  nuisance  removed  by  order  mTnd^  payn?ent.  ^ 
of  the  Board  of  Inspection,  under  the  authority  of 
this  subdivision,  shall  furnish  to  the  owner  thereof 
a  particular  statement  in  writing  of  the  charges  and 
expenses    incurred ;    and    also    make    a    demand    in 
writing  of  said  owner,  for  payment  of  the  same ;  and 
he  shall  thereupon  return,  under  oath,  to  the  City 
Treasurer,   a  duplicate  of  such  statement  and   de- 


128 


BOARD    OF    HEALTH. 


Notice      to      be 
personally    served. 


mand,  with  a  copy  of  the  notice  originally  served. 
And  for  default  in  the  performance  of  any  of  the 
duties  required  of  the  Health  Officer  under  this  sub- 
division, he  shall  be  liable  to  be  fined  bv  the  Mavor, 
in  a  sum  not  exceeding  ten  dollars  for  each  neglect, 
refusal,  or  omission,  to  be  deducted  from  the  amount 
of  his  salary.  And  all  notices  shall  be  personally 
served  by  the  said  Health  Officer  on  the  party  to 
whom  they  shall  be  addressed,  or  in  case  of  absence 
from  the  State  or  County,  upon  the  authorized  agent 
or  attorney  of  said  party ;  and  where  so  served  upon 
such  agent  or  attorney,  it  shall  be  deemed  a  service 
upon  the  owner  of  such  lot  or  premises,  so  as  to 
authorize  the  action  of  the  Board  of  Inspection,  in 
executing,  through  the  Health  Officer,  their  orders 
and  directions  upon  the  default  or  refusal  to  comply 
with  said  notice  as  herein  provided. 


Interments  and  Cemeteries. 


July    2,    1836. 

No  new  burial 
grounds  to  be 
established. 


Penalty. 


Feb.    28,    1899. 

Penalty  for  in- 
terments in  any 
other  burial 
ground  than  those 
already  estab- 
lished. 


Sec.  322.  It  shall  not  be  lawful  for  any  person 
or  persons,  or  bodies  politic  and  corporate,  to  estab- 
lish or  use  within  the  limits  of  the  City,  any  place 
or  places  for  the  burial  of  the  dead,  except  such  as 
are  already  established  for  those  purposes.  And  if 
any  person  or  persons,  or  body  politic  or  corporate, 
shall  presume  to  establish  any  such  place  or  places 
for  the  purposes  aforesaid,  such  person  or  persons, 
body  politic  or  corporate,  shall,  for  each  and  every 
offence,  forfeit  and  pay  to  the  use  of  the  City,  the 
sum  of  one  thousand  dollars ;  and  also  forfeit  and 
pay  daily,  and  every  day  that  such  place  or  places 
are,  or  may  be  kept  and  used  for  such  purposes,  the 
sum  of  one  thousand  dollars,  to  be  recovered  in  any 
court  having  jurisdiction  thereof. 

Sec.  323.  If  any  person  or  persons  shall  pre- 
sume to  bury  any  dead  in  any  other  burial  ground 
or  place  within  the  limits  of  the  City  except  in  such 


BOARD    OF    HEALTH. 


129 


as  are  already  set  apart  and  devoted  to  such  pur- 
poses, such  person  or  persons  shall  forfeit  and  pay 
for  each  and  every  offence  the  sum  of  one  thousand 
dollars,  to  be  recovered  in  any  Court  having  juris- 
diction, one  moiety  of  which  penalty  shall  go  to  the 
informer  and  the  other  moiety  to  the  City. 

And  any  person  who  shall  be  convicted  in  the 
Recorder's  Court  in  the  City  of  Charleston  for  a 
violation  of  this  section  shall  pay  a  fine  of  not  more 
than  one  hundred  dollars,  or  be  imprisoned  for  a 
period  of  not  more  than  thirty  days. 

Sec.   324.     It  shall  not  be  lawful  to  open  any      juiy  5,  1874. 
grave,  either  in  private  lots  or  elsewhere,  within  the      unlawful      t^ 
City  of  Charleston,  which  contains  the  remains  of  comaiJnl    grave 
a  previous  burial,  for  the  purpose  of  a  new  inter-  bunai!"^  ^  ^ '  °  "  ^ 
ment.     And  before  any  such  grave  can  be  opened 
for  the  purpose  of  removing  the  dead,  a  written  per- 
mit shall  be  obtained  from  the  Health  Officer  of  the 
City,  which  shall  specify  the  name  of  the  deceased, 
the  grave-yard  or  ground  from  which  the  body  is 
to  be  removed,  and  its  proposed  disposition ;  which 
permit  shall  be  countersigned  by  the  sexton  or  some 
other  officer  of  the  church  or  corporation,  after  the      Permit  for  re- 
removal,  and  shall  then  be  filed  in  the  office  of  the  body!'"^ 
Health  Officer. 

Sec.   325.     It  shall  not  be  lawful  to  inter  anv      Graves  to  be  at 
dead  body  in  any  grave  within  the  City  of  Charles-  '""''"'"  ^""*'^"''- 
ton,  or  to  prepare  any  such  grave  for  the  reception 
of  any  dead  body,  unless  such  grave  be  of  the  depth 
of  at  least  six  feet. 

Sec.  326.  It  shall  not  be  lawful  to  inter,  within  No  person  to 
the  limits  of  Charleston,  (Potter's  Field  and  the  in  the  city  who 
place  or  places  appointed  excepted,)  any  person  who  holder    or    wor- 

,  111  1   •  •  r   ii         shipper     in     some 

IS  not  a  pew-holder  or  worshiper  m  some  one  of  the  church. 
churches  that  now  have  the  right  of  burial,  or  who 
is  not  an  owner  of  a  private  burial-ground  within 
the  grave-yard  of  some  one  of  said  churches,  or  a 
member  of  the  immediate  family  of  a  pew-holder 
or  owner  of  a  lot. 
9 


130 


BOARD    OF    HEALTH. 


Not  lawful  to 
construct  vaults 
exposing  remains 
of  previous  in- 
terments. 


Penalties  for 
violating  Sections 
324.  325.  326  and 
327- 


May  21,   1850. 

Board  of  Health 
to     appoint     Com- 
mittee   on    Burial 
Grounds. 


Jany.    11,    i88i. 

Hearse  keep- 
ers to  be  licensed 
by  Board  of 
Health. 


Sec.  327.  It  shall  not  be  lawful  hereafter  to 
construct,  within  the  City  of  Charleston,  any  vault 
above  or  below  ground,  for  the  reception  of  the 
dead ;  and  no  vault  now  so  constructed  as  to  ex- 
pose to  view  the  remains  of  any  body  already  in- 
terred, shall  be  opened  to  receive  any  additional 
bodies ;  and  no  vault  or  tomb  shall  be  opened  to 
receive,  for  temporary  deposit,  the  remains  of  any 
stranger  or  person  not  entitled  by  this  sub-division 
to  sepulture  within  the  City.. 

Sec.  328.  Any  person  or  persons,  or  body  poli- 
tic, that  shall  violate  any  of  the  provisions  contained 
in  sections  324,  325,  326  and  327,  or  shall  be  con- 
cerned in  the  violation  thereof,  shall  be  subject  to 
a  penalty  of  two  hundred  dollars  for  each  offence; 
one  moiety  for  the  informer,  and  the  other  moiety 
for  the  benefit  of  the  City  Treasury.  These  penal- 
ties to  be  recovered  in  any  court  of  competent  juris- 
diction. 

Sec.  329.  It  shall  be  the  duty  of  the  Chairman 
of  the  Board  of  Health  to  appoint  a  committee  from 
said  Board,  whose  special  duty  it  shall  be  to  inspect 
all  cemeteries,  burial-grounds,  and  vaults  for  the 
dead  within  the  City,  and  the  Board  shall  have  power 
to  grant  licenses  to  hearse-keepers,  sextons,  and 
other  persons  in  charge  of  any  place  of  burial  within 
the  City,  under  sucli  rules  and  regulations  as  said 
Board  may,  from  time  to  time,  deem  expedient  and 
necessary,  subject  to  the  approval  of  the  City  Coun- 
cil, and  not  contrary  to  the  provisions  herein  con- 
tained. 

Sec.  330.  No  hearse-keeper,  or  other  person  in 
charge  of  any  hearse,  shall  receive  or  carry  any 
corpse  or  dead  body  until  he  shall  have  first  ob- 
tained a  license  from  the  said  Board,  nor  until  he 
shall  first  have  been  supplied  with  a  certificate  of 
the  kind  hereinafter  required  to  be  furnished  by  the 
attending  Physician  or  Coroner;  and  further  obtain 


BOARD    OF    HEALTH.  131 

from  the  office  of  the  Health  Officer,  a  burial  permit 
in  the  following  form,  viz: 

Sec.  331.         Burial  Permit  No. 

Before  this  body  leaves  the  City,   the   ferry  or  fo™  of  Permit, 
bridge-master  or  transportation  agent,  will  tear  off 
and   destroy   this   coupon.      If   otherwise   detached 
from  the  permit,  the  coupon  must  not  be  received. 

No.  — .  HEALTH  DEPARTMENT, 

Bureau  of  Vital  Statistics. 

Charleston,  S.  C,  19 — . 

Permission  is  hereby  given  to  remove  the  remains 

of ,  age ,  occupation ,  place  of 

birth  ,  place  of  death  ,  date  of  death 

,  cause  of  death  . 

To ,  for  interment.. 

,  Health  Officer. 

{See  hack  of  this  Permit.) 

This  permit  must  in  all  cases  accompany  the  body 
to  its  destination. 

Keepers  of  cemeteries  in  Charleston  will  make 
returns  of  all  permits  for  burials  to  the  office  whence 
issued,  Monday  of  each  week. 

The  back  of  which  said  permit  shall  contain  the  Reverse  side, 
following : 

"Ferry  or  bridge-masters,  transportation  agents, 
superintendents  of  railroads  and  steamboat  lines, 
&c.,  will  deliver  a  body  entering  Charleston  to  the 
person  having  this  permit.  The  coupon  must  be 
detached  only  in  case  of  a  body  leaving  the  City." 

And  it  shall  be  his  or  their  duty  to  deliver  the  said      shaii      deliver 
certificate  and  burial  permit,  with  the  dead  body,   "n''^'^**  '°  '*''" 


132 


BOARD    OF    HEALTH. 


Penalty     for 
neglect. 


May     21,     1850. 

No  interments 
to  be  made  in 
any  place  with- 
out a  license 
from  Board  r.-; 
Health. 


Sexton    to  enter 
certificates     in     a 
book     and     reurn 
originals    to    Board 
of   Health. 


Penalty. 


Jan. 


Board  to  fur- 
nish blank  cer- 
tificates to  physi- 
cians. 


to  the  sexton,  or  other  person  in  charge  of  the 
burial-ground  in  which  it  is  proposed  to  inter  such 
dead  body,  whenever  such  burial-ground  is  within 
the  hmits  of  the  City ;  and  whenever  such  burial- 
ground  is  without  the  limits  of  the  City,  the  said 
certificate,  or  a  duplicate  thereof,  shall  be  delivered 
by  said  hearse-keeper  or  other  person  in  charge  of 
the  hearse,  to  the  Health  Officer,  on  the  day  of  in- 
terment, under  a  penalty  of  twenty-five  dollars  for 
each  and  every  failure  or  neglect  so  to  do,  and  for 
any  and  every  violation  of  the  provisions  of  this 
sections  330  and  331. 

wSec.  332.  No  sexton  of  any  church,  or  other 
person  having  charge  of  any  cemetery,  vault  or  other 
burial-ground,  shall  make,  or  permit  to  be  made, 
any  burial  within  the  same,  until  he  shall  have  first 
obtained  his  license  from  the  Board  of  Health  for 
that  purpose ;  nor  shall  he  permit  any  dead  body  to 
be  interred  therein  until  lie  shall  first  have  received 
from  the  hearse-keeper  or  other  person  in  charge  of 
the  hearse,  such  certificate  and  burial  permit  as  he  is 
required  by  this  Ordinance  to  deliver  with  such  dead 
body ;  and  it  shall  be  the  duty  of  such  sexton  or  other 
person  in  charge  of  any  place  of  burial,  to  enter  said 
certificate  or  certificates,  and  burial  permit  or  per- 
mits in  a  book,  to  be  furnished  by  him  for  that 
purpose,  and  to  deliver  the  original  certificate  or  cer- 
tificates, and  burial  permit  or  permits,  each  day, 
as  received,  to  the  said  Health  Officer,  and  for  any 
and  every  violation  hereof,  he  shall  forfeit  and  pay, 
for  the  use  of  the  City,  fifty  dollars,  or  be  imprisoned 
not  more  than  thirty  days. 

Sec.  333.  The  said  Board  shall  furnish  to  each 
practicing  physician  and  the  Coroner  of  St.  Philip's 
and  St.  Michael's,  blank  certificates,  in  the  form 
following,  viz : 


BOARD    OF    HEALTH. 


Certificate  of  Death. 


133 


Full  name  of  deceased .     (Write  legibly 

and  spell  correctly.  If  an  Infant  not  named, 
give  Parents'  names.) 

Age years months days.    Color 


3.  Single,   married,   widow   or  widower.      (Cross 

out  the  words  not  required  in  this  line.) 

4.  Occupation  . 

5.  Birthplace   (State  or  Country  .      (How 

long  in  the  United  States,  if  of  foreign  birth.) 

6.  How  long  resident  in  this  City  . 

7.  Father's  birthplace  (State  or  Country)  . 

8.  Mother's  birthplace  (State  or  Country)  . 


9.  Place  of  death  (please  state  the  name,  if  an  In- 

stitution)    No.  Street, 

Ward. 

10.  Residence  before  admission  into  the  Institution 

(name  of  street  and  number  of  house.) 

Ti.   I  hereby  certify  that  I  attended  deceased  from 

,    19 — ,  to  ,    19 — ;  that  I  last  saw 

alive  on  the day  of  19 — ; 

that died  on  the day  of 19 — , 

about o'clock  A.  M.  or  P.  M.,  and  that 

the  cause  of death  was . 

First    (primary)    . 

Second  (immediate)  . 

All  the  above  information  should  be  furnished  by 
the  Physician. 

Place  of  burial  . 

Date  of  burial . 

Undertaker  . 

Place  of  business  . 


Time  from  attack  till  death  1  write  opposite  each 
cause.     If  unknown  it  should  be  so  stated.) 
Signed  by 

,  M.  D., 

Medical  Attendant. 
Address  . 


134 


BOARD    OF    HEALTH. 


Duty  of  physi- 
cians on  death  of 
patient  to  fill  up 
certificate. 


In  case  of  death 
without  an  attend- 
1  n  g  physician, 
coroner  to  fur- 
nish   certificate. 


Penalty  for  neg- 
lect. 


May  21,   1850. 

The  duty  of 
the  Committee  of 
the  Board  of 
Health  to  visit 
cemeteries,  in- 
spect construc- 
tion of  vaults, 
etc. 


May  make  al- 
teration at  ex- 
pense of  owner. 


Sec.  334.  And  when  any  person  shall  die  in  the 
City,  the  physician  or  surgeon  who  shall  have  at- 
tended such  person,  as  physician  or  surgeon,  shall  fill 
up  the  blanks  in  such  certificate,  to  the  best  of  his 
knowledge,  and  sign  the  same,  with  his  name,  and 
shall  deliver  the  same  to  some  member  of  the  family 
in  the  house  where  such  person  shall  have  died ;  in 
cases  where  the  interment  is  to  take  place  without 
the  limits  of  the  City,  the  attending  physician  or 
surgeon  shall  deliver,  as  above,  a  duplicate  certifi- 
cate; and  in  case  any  person  shall  die  in  the  City, 
unattended  by  any  physician  or  surgeon,  it  shall  be 
the  duty  of  the  coroner  to  furnish  such  certificate; 
and  for  each  and  every  neglect  of  the  duty  herein 
required,  each  and  every  person  offending  shall  for- 
feit and  pay,  for  the  use  of  the  City,  twenty-five 
dollars,  or  be  imprisoned  not  more  than  thirty  days. 

Sec.  335.  It  shall  be  the  duty  of  said  committee 
on  cemeteries,  burial-grounds  and  vaults  of  the 
Board  of  Health  to  see  specially  to  the  proper  exe- 
cution of  this  part  of  the  duties  of  the  said  Board ; 
and  it  shall  also  be  the  duty  of  such  committee,  at 
such  times,  and  as  often  as  they  may  deem  it  expe- 
dient, to  visit  all  cemeteries,  vaults,  and  burial- 
grounds,  and  to  give  such  directions  about  the  depth 
of  graves  as  they  may  deem  expedient  to  preserve 
the  public  health ;  and  it  shall  be  their  duty  to  inspect 
the  construction  of  all  vaults  now  built,or  which  may 
hereafter  be  built,  and  to  order  such  alterations  to 
be  made  in  them,  or  any  of  them,  as  they  deem  the 
public  health  may  require;  and  if  any  person  shall 
refuse  or  neglect  to  make  any  alteration  required 
by  said  committee,  they,  or  a  majority  of  them, 
are  hereby  authorized  to  have  the  said  alterations 
made,  at  the  expense  of  the  owner  thereof ;  and  if 
any  person  liable  to  any  expense,  incurred  as  afore- 
said, shall  refuse  or  delay  the  payment  thereof,  the 
same  shall  be  paid  out  of  the  City  Treasury,  and 


BOARD  OF  HEALTH. 


135 


May    5,    1868. 


Burial 
cates,     by 
given. 


certifi- 
whom 


March  30,  1875. 


be  afterwards  recovered  by  action  at  law  from  the 
person  or  persons  so  neglecting  or  refusing,  together 
with  a  fine  of  fifty  dollars  for  each  and  every  such 
failure  or  refusal,  or  suffer  imprisonment  not  ex- 
ceeding thirty  days. 

Sec.  336.  No  other  person  than  the  Coroner, 
or  a  physician  or  surgeon,  who  has  a  diploma  or 
license  to  practice  from  some  regular  medical  col- 
lege, shall  give  the  certificate  herein  required  to  be 
delivered  with  dead  bodies  upon  interment ;  and 
any  person  offending  herein  shall  pay  a  fine  of  fifty 
dollars  for  each  oft'ence  or  be  imprisoned  for  not 
more  than  twenty  days  in  jail. 

Sec.  ^T,y.  It  shall  be  the  duty  of  every  corporate 
body,  or  person  or  persons,  owning,  or  having  the  .  P"biic  buiid- 
care,  control,  or  management  of  any  public  building,  cleaned. 
church-yard,  or  burial-ground,  within  the  City,  to 
cause  such  public  building  to  be  cleansed  and  swept, 
and  the  rank  and  offensive  weeds  growing  on  such 
grounds  and  yards  to  be  pulled  up,  collected,  and 
placed  in  heaps  in  the  street,  at  the  edge  of  the  pave- 
ment, in  front  of  such  church-yard  or  burial-ground, 
and  the  filth  or  rubbish  which  may  be  collected  in 
such  public  buildings  to  be  placed  in  like  manner  in 
the  street,  at  ..least  once  in  every  fortnight,  and  as 
much  oftener  as  may  be  required  by  the  Mayor  or 
Board  of  Health.  And  also  to  cause  the  grass  which 
may  be  growing  on  such  burial-ground  or  church- 
yard, to  be  removed  or  cut,  and  taken  away  as  often 
as  in  the  opinion  of  the  Board  of  Health  the  growth 
thereof  may  be  so  rank  or  luxuriant  as  to  endanger 
the  health  of  the  City.  For  every  neglect  or  refusal 
to  discharge  the  duties  enjoined  by  this  section,  the 
person  or  persons,  or  body  corporate,  so  offending.  Penalty 
shall  be  fined  in  a  sum  not  less  than  ten  dollars,  nor 
more  than  fifty  dollars,  or,  if  an  individual,  be  im- 
prisoned in  jail  not  exceeding  thirty  days.   . 

Sec.  338.     That  all  persons,  companies  or  cor- 


Weeds  in 
church  yards  to 
be    removed. 


136 


BOARD    OF    HEALTH. 


July   27,    1880. 

Notice  to  be 
given  for  con- 
nections with 
drains. 


Jan.    ID,    1882. 

Persons         with 
infectious  dis- 

eases not  to  be 
removed  in  car- 
riages. 


Penalty. 


Dec.     26,     1882. 

Glanders  or 
"Farcy." 


Penalty. 


porations,  intending-  to  open  any  public  drain,  to 
make  house  or  other  connections  with  the  same, 
shall  give  timely  notice  to  the  Street  Department, 
so  that  they  may  make  all  the  necessary  examina- 
tions by  levels  of  the  locality  to  be  drained,  and 
study  out  and  specify  the  mode  and  manner  of  such 
drainage,  and  its  connections  with  the  public  drains, 
as  now  provided  to  be  done  in  all  streets  where  pub- 
lic drains  are  built ;  and  any  party  opening  a  pub- 
lic drain  without  giving  said  notice,  and  acting  in 
accordance  with  existing  rules  of  the  Board  of 
Health  thereto  belonging,  shall  be  liable  to  a  pen- 
alty of  fifty  dollars  or  imprisonment  not  exceeding 
ten  days. 

Sec.  339.  That  no  owner,  driver,  or  other  per- 
son having  the  charge  of  any  hackney  carriage,  or 
other  vehicle  used  as  a  public  conveyance,  shall  re- 
ceive, or  permit  to  be  placed,  or  convey  in  any  man- 
ner, in  or  upon  said  carriage,  or  other  vehicle,  any 
person  sick  or  infected  with  the  small-pox  .or  any 
other  contagious  disease,  or  the  body  of  any  person 
who  had  died  of  small-pox,  or  any  other  contagious 
disease,  under  penalty  of  fifty  dollars.  That  the 
body  of  any  person  who  dies  of  small-pox,  or  any 
other  contagious  disease,  shall  be  removed  in  a 
licensed  hearse,  and  in  no  other  conveyance. 

Sec.  340.  That  it  shall  not  be  lawful  for  any 
person  to  bring  or  keep  within  the  limits  of  the  City 
of  Charleston  any  horse  or  other  animal  having  a 
disease  known  as  glanders  or  "farcy."  That  the 
owner,  agent,  or  any  other  person  in  charge  of  an 
animal  so  affected,  or  who  may  have  knowledge  of 
such  an  animal,  shall  forthwith  report  the  same  to 
"'  the  Board  of  Health,  together  with  the  name  of  such 
owner  and  the  place  where  the  animal  is  kept,  and 
it  shall  be  disposed  of  under  the  direction  of  said 
Board.  Any  person  violating  any  of  the  provisions 
of  this  Section  shall  for  each  and  every  offence  be 


BOARD    OF    HEALTH. 


137 


fined  in  a  sum  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  or  he  imprisoned  more  than  twenty 
days. 

Sec.  341.  It  shall  not  be  lawful  for  any  person 
without  the  license  of  the  Board  of  Health,  to  throw 
into  or  leave  upon  any  street,  court,  square,  lane, 
alley,  wharf,  public  square,  public  enclosure,  vacant 
lot,  or  any  pond  or  body  of  water  within  the  limits 
of  the  City  of  Charleston,  the  carcass  of  any  dead 
animal,  under  a  penalty  of  five  dollars  or  imprison- 
ment not  exceeding  thirty  days  for  each  and  every 
offence. 

Sec.  342.  That  it  shall  be  the  duty  of  the  own- 
ers of  all  horses,  mules,  cows,  or  large  animals, 
dying  within  the  limits  of  the  city,  or  the  owner  or 
occupant  of  the  premises  upon  which  such  animals 
may  die,  to  remove  or  cause  to  be  removed  within 
twelve  hours  after  death,  beyond  the  limits  of  the 
city,  the  body  of  such  animal,  under  a  penalty  of  five 
dollars  or  imprisonment  not  exceeding  thirty  days 
for  each  and  every  offence. 

Sec.  343.  That  it  shall  be  the  duty  of  the  occu- 
pants of  the  premises  on  which  any  dog,  cat  or  small 
animal  shall  die  to  place  the  carcass  of  such  small 
animal  with  the  garbage  from  such  premises  to  be 
removed,  as  is  now  provided  by  the  Ordinances  of 
the  City  of  Charleston,  under  a  penalty  of  two  dol- 
lars or  imprisonment  not  exceeding  ten  days  for 
each  and  every  offence. 

Sec.  344.  It  shall  not  be  lawful  for  any  person 
to  keep  wMthin  the  limits  of  the  City,  any  hog  or  pig, 
under  a  penalty  of  ten  dollars,  and  an  additional 
sum  of  two  dollars  for  every  day  that  such  hog  or 
pig  shall  be  kept,  after  notice  from  any  City  officer 
to  remove  the  same ;  and  such  hog  or  pig  shall  be 
forfeited  to  the  person  seizing  the  same;  and  such 
or  pig  shall  be  forfeited  to  the  person  seizing  the 
same. 


Feb.    12,    1884. 

Unlawful  to 

throw  carcass  of 
any  dead  animal 
in   street. 


Penalty. 


Carcass  to  be 
removed  in  12 
hours. 


Penalty. 


Carcass  of  small 
animal  to  be 
placed  with  gar- 
bage. 


Penalty. 


Aug.    29,    1837. 

No    hog    or    pig 
to   be  kept   in  the 

city. 


Penalty. 


138 


BOARD    OF    HEALTH. 


No  bull,  ox  or 
steer  to  be  kept, 
nor  more  than 
one   cow. 


Cow     house 
be  kept   clean. 


to 


Cattle  going  at 
large  to  be  taken 
up. 


Cows  may  be 
driven  through 
streets  to  pastur- 
age. 


.\pril    28,    1896. 
Oct.    20,    1903. 

Garbage  to  be 
placed  in  the 
streets  every  day 
by  occupants  of 
all    jiremises. 


Time    for    plac- 
ing out. 


Sec.  345.  It  shall  not  be  lawful  for  any  person 
to  keep  any  bull,  ox,  steer,  nor  more  than  one  cow, 
in  the  City,  unless  such  person  shall  keep  such  cows 
in  a  house  floored  or  paved,  and  kept  constantly 
clean  and  free  from  dirt;  and  if  more  than  one  cow 
shall  be  kept  otherwise  than  is  herein  provided  for, 
or  if  the  cow-house  shall  at  any  time  be  found  other- 
wise than  perfectly  clean  and  free  from  dirt,  the 
owner  or  keeper  of  such  cow  or  cows  shall  be  liable 
to  a  penalty  of  five  dollars,  and  an  additional  fine  of 
two  dollars  for  every  day  that  such  house  shall  so 
remain,  after  notice  to  comply  with  the  law  in  this 
respect;  and  no  cow,  heifer,  bull,  ox,  or  calf  shall  be 
suffered  to  go  at  large  in  the  streets,  under  the  pen- 
alty of  five  dollars  upon  the  owner  or  keeper  thereof ; 
and  any  cow,  heifer,  bull,  ox,  or  calf,  found  going 
at  large,  may  be  taken  up  by  any  person,  and  retained 
till  such  penalty,  and  all  expenses  of  keeping,  shall 
be  paid  to  the  person  taking  up  the  same  :  Provided, 
be  paid  to  the  person  taking  up  the  same  -.Provided, 
That  nothing  herein  named  shall  be  construed  to 
prevent  cows  from  being  driven  through  the  streets 
to  pasturage,  in  charge  of  a  competent  driver,  or 
with  a  view  to  bring  them  into,  or  removing  them 
from  the  City. 

Sec.  346.  It  shall  be  the  duty  of  every  owner  of 
a  lot,  who  may  reside  thereon,  and  of  the  owner  of 
every  vacant  lot,  and  of  every  lot  not  having  a 
known  lessee  or  tenant  residing  thereon,  and  of 
every  lessee,  tenant  or  occupant  of  every  lot,  to  cause 
said  lots  and  the  stables,  cow  houses  and  outhouses 
thereon  to  be  carefully  swept,  and  all  the  dirt,  dung, 
soot,  ashes,  carrion,  garbage,  shreds,  oyster  shells, 
or  other  filth  or  rubbish,  and  all  sweepings  from 
shops  and  stores,  to  be  placed  in  barrels,  boxes  or 
other  suitable  receptacles,  and  carried  out  every 
day  (Sundays  excepted)  by  the  hour  of  7  o'clock 
a.  m.,  from  the  first  day  of  May  to  the  first  day  of 


BOARD    OF    HEALTH. 


139 


November  in  every  year,  and  by  the  hour  of  7  :30 
o'clock  a.  m.,  from  the  first  clay  of  November  to  the 
first  day  of  May  following,  and  the  "said  boxes,  bar- 
rels or  receptacles,  with  their  contents,  upon  being  'i"o  be  placed  in 
carried  out  as  hereinabove  required,  shall  be  placed 
at  the  end  of  the  pavement,  opposite  the  respective 
lots,  but  so  as  not  to  obstruct  the  gutter,  and  in  a 
situation  from  which  the  said  contents  may  be  con- 
veniently removed  by  the  Scavenger  Department; 
Provided,  hozvever,  that  all  trees  and  cuttings  from 
trees,  and  all  shrubs  and  weads,  may  be  placed  in 
heaps  in  the  street  at  the  edge  of  the  pavement,  op- 
posite said  lots,  every  day  after  6  o'clock  p.  m.,  ex- 
cepting Fridays,  Saturdays  and  Sundays,  from  the 
first  day  of  May  to  the  first  day  of  November  in 
every  year,  and  after  5  o'clock  p.  m.  from  the  first 
day  of  November  to  the  first  day  of  May  follovN^ing 
in  every  year,  and  any  person  offending  herein  by 
failure  to  comply  with  this  Ordinance  or  any  por- 
tion thereof,  or  by  emptying  any  dirt,  filth,  garbage, 
or  other  offal  in  any  street,  lane,  alley  or  open  court, 
or  placing  in  any  barrel,  box,  or  other  receptacle 
containing  dirt,  filth,  garbage  or  other  offal  in  any 
street,  lane,  alley  or  open  court,  after  the  hours 
named  above,  or  on  Sundays,  shall  be  subject  Penalty. 
to  a  fine  of  not  less  than  tw^o  nor  more  than 
five  dollars  for  each  and  every  offence,  or  im- 
prisonment not  exceeding  ten  days ;  to  be  imposed 
by  the  Recorder  or  by  any  court  of  competent  juris- 
diction before  which  the  case  may  be  brought.  And 
any  person  or  persons  who  shall  scatter  the  contents  Unlawful  to 
of  any  barrel,  box  or  other  receptacle  for  garbage  p'iawd  in  boxes^^ 
placed  at  the  edge  of  any  pavement  as  hereinabove 
required  in  the  street,  gutter,  or  on  the  sidewalks 
in  any  street,  alley,  lane  or  open  court,  shall  be  sub- 
ject to  a  fine  of  not  exceeding  five  dollars,  or  im- 
prisonment not  exceeding  ten  days  for  each  and  Penalty. 
every  offence;  to  be  imposed  by  the  Recorder  or  by 


140 


ALMS    HOUSE. 


Paper  not  to 
be  placed  with 
garbage  or  scat- 
tered on  side- 
walks  or   streets. 


Unlawful  to 

scatter  paper, 

handbills,  etc.,  on 
sidewalks,  etc. 


Penalty. 


any  court  of  competent  jurisdiction  before  which 
the  case  may  be  brought. 

Sec.  347.  That  refuse  paper  and  scraps  of  paper 
shall  not  be  included  as  part  of  the  garbage,  dirt, 
offal  or  other  matter  referred  to  in  this  section  to 
be  placed  on  the  streets  for  removal  by  the  Scavenger 
Department ;  and  it  shall  be  unlawful  for  any  refuse 
paper  or  scraps  of  paper  to  be  placed  on  the  side- 
walks and  in  the  roadways  of  this  city,  either  loosely 
or  in  boxes,  barrels  or  any  other  receptacles,  for  re- 
moval by  the  Scavenger  Department.  And  it  is 
further  ordained,  that  it  shall  be  unlawful  for  any 
person  or  persons  to  distribute,  place,  spread  or  scat- 
ter any  handbills,  posters,  advertisements  or  other 
papers  or  cards  upon  the  sidewalks  or  roadways  of 
this  city;  and  any  person  or  persons  who  shall  vio- 
late the  provisions  of  this  section  with  reference  to 
the  aforesaid  refuse  paper,  scraps  of  paper,  handbills, 
opsters,  advertisements  or  other  papers  or  cards, 
shall  be  subject  to  a  fine  not  exceeding  five  dollars, 
or  imprisonment  in  jail  not  exceeding  ten  days,  for 
each  and  every  offence. 


CHAPTER  VII. 

Departmetit  of  Charities. 

ALMS      HOUSE ASHLEY      RIVER     ASYLUM ORPHAN- 
HOUSE ROPER     AND      CITY      HOSPITAL WILLIAM 

ENSTON   HOME BATHING  HOUSES CITY  ORPHAN 

ASYLUM. 

Alms  House. 


June    4,    1821. 

Jan.    15,    1897. 
Annual  election. 


Sec.  348.  There  shall  be  elected  by  City  Coun- 
cil, on  the  2d  Tuesday  in  January,  1905,  and  every 
4th  year  thereafter,   twelve  Commissioners  of  the 


ALMS    HOUSE. 


141 


Alms  House  who  shall  meet  every  second  Monday 
after  their  election,  or  oftener  if  necessary. 

Sec.   349.     The  Commissioners  so  elected  shall      May  9,  1893- 
have   the  care   and   direction   of   the   Alms   House  ,  Commissioners  to 

have   care  of   Alms 

and  the  poor  in  the  City  of  Charleston.  They  i^o"se  and  poor, 
shall,  from  time  to  time,  visit  and  superintend 
the  same  and  manage  and  transact  all  mat- 
ters relative  thereto,  and  according  to  the  rules  or 
regulations  revised  and  adopted  February  25,  1884, 
and  now  in  force,  or  as  the  same  may  from  time  to 
time  be  altered  or  amended  -.Provided,  ahvays,  That 
all  such  alterations  or  amendments  shall  be  first 
submitted  to  and  approved  by  the  City  Council  be- 
fore the  same  shall  become  operative  or  be  in  force. 

Sec.  350.     The  said  Commissioners  shall,  at  the     Oct.  28,  i8oi. 


close  of  every  year,  lay  Ijefore  the  City  Council,  an  Report  to  Council 
exact  account  of  all  ocpenditures  at  the  Alms  House, 
and  for  the  poor  under  their  care,  with  the  several 
vouchers  for  the  same;  as  also  a  list  for  all  poor 
persons,  and  their  manner  of  employment. 

Sec.  351.     The  said  Commissioners  are  author-     Aug.  5.  1812. 


ized  and  empowered  to  elect  a  Master,  Matron,  and  Master,  Matron 
Clerk  of  the  Alms  House ;  neither  of  whom  shall  Aims  House, 
hold  any  other  office  or  appointment  unconnected 
with  their  respective  employments  in  the  Alms 
House.  The  salary  of  the  Master  shall  be  five  hun- 
dred dollars  per  annum ;  that  of  the  Matron  and 
Clerk  three  hundred  dollars  each,  per  annum.  The 
aforesaid  salaries  shall  be  payable  monthly  out  of  the 
City  Treasury. 

Sec.   352.     The  master  of  the  Alms   House  or     Jan.  24,  1826. 


other  person  having  charge  of  the  same  shall  receive      Master    to    re- 

,  .  1  TT  1  ,1         ceive    all    persons 

into  the  Alms  House  such  person  or  persons  as  the  committed  by 
Mayor  or  Commissioners  of  the  Alms  House  shall  ^  ^^°^' 
commit  thereto,  and  there  detain  him,  her  or  them 
for  such  time  and  subject  him,  her  or  them  to  such 
regulations  as  the  Mayor  or  the  said  Commissioners 
may  think  proper  to  prescribe. 


142 


ASHLEY  RIVER  ASYLUM. 


Penalty  on  Mas- 
ter for  disobedi- 
ence. 


Sec.  353.  If  the  master  of  the  Ahns  House  or 
any  person  having  charge  thereof  shall  fail  to  per- 
form any  of  the  duties  prescribed  in  Section  352  of 
the  General  Ordinances  or  those  referred  to  in  Sec- 
tion 349  of  the  General  Ordinances,  he  shall  be 
forthwith  discharged  from  his  office  by  the  said 
Commissioners  of  the  Alms  House. 


Ashley  River  Asylum. 


June   15,    1897. 
Nov.   2,   1885. 

Election. 


To  elect  officers 
and  make  rules, 
etc. 


To  apply  those 
sentenced  to 
House  of  Correc- 
tion to  labor  on 
public  lands. 


Sec.  354.  On  the  second  Tuesday  in  January, 
1905,  the  City  Council  shall  elect  a  Board  of  twelve 
Commissioners  of  Public  Lands,  who  shall  be 
charged  with  the  control  and  utilization  of  the 
grounds  or  farm  now  known  as  Potter's  Field. 
They  shall  also  have  the  control  and  management 
of  the  piece  or  parcel  of  land  lying  and  being  at  the 
corner  of  President  and  Line  streets,  and  the  lands 
adjacent  belonging  to  the  City,  with  the  appurte- 
nances thereof. 

Sec.  355.  The  Board  of  Commissioners  of  Pub- 
lic Lands  shall  have  the  election  of  the  officers  and 
employees  of  the  Public  Cemetery,  Ashley  River 
Asylum,  and  House  of  Correction,  and  shall  exercise 
authority  to  control  and  manage  the  said  respective 
institutions,  and  to  make  rules  and  regulations  for 
the  government  of  the  same,  subject  to  revision  of 
Council. 

Sec.  356.  The  said  Board  of  Commissioners 
are  hereby  directed,  and  shall  be  empowered  to  apply 
vagrants  and  offenders  against  the  City  Ordinances, 
who  may  be  sentenced  to  the  House  of  Correction, 
to  labor  of  various  kinds,  at  the  public  lands,  dur- 
ing their  term  of  sentence,  for  the  purpose  of  culti- 
vating the  said  public  lands  and  improving  the  same 
for  the  aid  and  comfort  of  the  poor  and  unfortunate 
inmates  of  the  Ashley  River  Asylum,  and  to  such 
other  labor  as  they  may  deem  expedient  and  proper. 


ORPHAN   HOUSE. 


143 


Sec.    357.     That   the   Commissioners   of    Pubhc  Jan.  18,  1876. 
Lands  shall  pay  to  the  City  Treasurer,  on  Monday      To   pay   over 

r  1  11  •       J   u       .Li  moneys     to     City 

of  every  week,  all  moneys  received  by  them,  or  any  Treasurer. 
of  their  officers  or  employees,  from  any  source  what- 
soever; and  all  bills  for  charges  and  expenses  in- 
curred by  or  incident  to  any  of  the  institutions  under 
the  control  of  the  said  Board,  shall  be  paid  by  the 
City  Treasurer,  by  order  of  the  City  Council,  upon 
vouchers  approved  by  the  said  Board  of  Commis- 
sioners, and  passed  by  the  Committee  of  the  City 
Council  on  Accounts. 

Orphan  House. 

Sec.  ^^8.     There  shall  be  elected  bv  Citv  Council,   Oct.  18,  1790. 
on  the  2d  Tuesday  m  January,   1905,  twelve  Com-  June  15,  1897. 


missioners  of  the  Orphan  House;  who  shall  have      Empowered    to 
power  and  authority  to  make  and  frame  such  rules  government     of 
and  regulations  as  they  may  think  necessary,   for     ^^  ^" 
the  good  government  and  conducting  the  business 
of  the  Orphan  House  and  all  persons  therein  -.Pro- 
vided, All  such  rules  and  regulations  are  presented 
to,  and  approved  of,  by  the  City  Council,  within  ten 
days  after  the  same  are  framed,  and  that  the  City 
Council  shall  and  may  confirm,  alter  and  amend,  or 
annul  the  same.. 

Sec.  359.     All  poor  orphan  children  and  children  Oct.  18,  1790. 
of  poor,  distressed,  or  disabled  parents  as  shall  be      who    shaii   be 

^  .  '  .       .^  .         admitted   into   Or- 

deemed  proper  objects  of  admission  by  the  Commis-  phan  House. 

sioners,  shall  be  admitted  into  the  Orphan  House, 

and  shall  be  supported,  educated  and  maintained  at 

the  expense  of  the  corporation,  during  such  term 

and   under   such    regulations    as   the   City   Council 

shall  from  time  to  time  prescribe  or  sanction. 

Sec.  360.     It  shall  be  the  duty  of  the  Commis-      commissioners 
sioners  of  the  Orphan   House  to  choose  and  ap-  cers.^^^°'" 
point  proper  officers,  nurses  and  domestics ;  and  to 
superintend  and  manage  the  Orphan  House,  the  offi- 


144 


ORPHAN   HOUSE. 


Dec.   3,    1867. 

City  Council 
annually  to  elect 
a  Physician. 


Not  to  charge 
any  assistant  or 
attendant. 


Sept.  2,   1840. 

All  donations, 
devises  and  be- 
quests to  be  held 
by  Commission- 
ers. 


Com  missioners 
to  apply  the  in- 
come to  the  de- 
signs of  the  ben- 
efactors. 


Report  annually 
a  statement  of  the 
Funds. 


cers,  and  servants  thereof,  and  the  children  therein, 
to  the  best  of  their  judgment  and  skill;  subject  to 
the  control  of  the  City  Council. 

Sec.  361.  City  Council  shall,  annually  on  the 
third  Tuesday  in  November,  elect  a  Physician  of 
the  Orphan  House,  who  shall  attend  on  and  admin- 
ister medicines  to  all  sick  persons  in  the  institution ; 
and  who  shall  receive  therefor  a  salary  of  seven 
hundred  dollars  per  annum,  payable  monthly. 

Sec.  362.  The  Physician  of  the  Orphan  House 
shall  prefer  no  charge  or  demand  on  account  of 
attendance  imparted  to  any  officer  or  assistant  in 
the  said  institution. 

Sec.  363.  All  donations,  devises,  and  bequests 
heretofore  made,  or  which  hereafter  may  be  made 
to  the  Commissioners  of  the  Orphan  House,  for 
objects  connected  with  the  benevolent  purposes  of 
the  institution,  shall  be  held  by  the  Commissioners 
of  the  Orphan  House,  and  be  vested  as  heretofore 
done,  from  time  to  time,  as  the  same  may  be  received 
by  them,  in  such  public  securities,  bank  stock,  or 
other  estate,  real  or  personal,  as  they  may  deem 
most  beneficial.  All  such  investments  shall  be 
made  in  the  name  of  the  "Commissioners  of  the 
Orphan  House,"  and  the  certificates  and  securities 
be  accordingly  so  taken.  No  transfer,  sale,  or 
change  of  the  capital  shall  at  any  time  be  made, 
without  the  previous  consent  of  the  City  Council 
of  Charleston. 

Sec.  364.  The  Commissioners  of  the  Orphan 
House  shall  receive  and  apply  the  income  and  divi- 
dends arising  from  the  said  investments,  in  every 
instance,  to  objects  tending  to  accomplish  the  de- 
signs of  the  respective  benefactors ;  and  they  shall 
render  to  the  City  Council  on  the  first  Monday  in 
August,  in  every  year,  or  at  any  and  all  other  times, 
when  required  by  Council,  a  statement  certified  by 
the  Chairman,  of  the  investment  of  the  said  funds. 


I 


ORPHAN   HOUSE. 


145 


distinguishing  the  amount  of  each  donation,  devise, 
or  bequest,  with  the  names  of  the  several  donors, 
and  the  manner  of  the  expenditure  of  the  income 
thereof. 

Sec.  365.     The  Board  of  Commissioners  of  the      To  record  in  a 

^,^,T^-r  111  1--  11  1     journal  the  names 

Orphan  House  snail  record,  m  a  journal  to  be  opened  of  aii  donors,  etc. 

expressly  for  that  purpose,  the  names  of  all  those 

benevolent  persons  who  have  made  ,or  who  hereafter 

may  make  donations,   devises,   or  bequests,   to  the 

said   Commissioners,   as   before   herein  mentioned ; 

and  shall  preserve  in  the  said  journal  a  copy  of  the 

clauses  of  all  deeds,  wills,  or  documents,  under  which 

the  said  donations,  devises,  and  bequests  have  been 

or  may  hereafter  be  made;  to  be  kept  forever  as  a 

memorial  of  the  benefactors  of  the  Orphan  House. 

Sec.  366.  The  Ma3'or,  the  Chairman  of  the 
Commissioners  of  the  Orphan  House,  and  the  City 
Treasurer  for  the  time  being,  and  their  successors 
in  oflEioe  forever,  shall  be,  and  they  are  hereby,  con- 
stituted and  declared  trustees  of  the  Orphan  House 
funds  and  estate ;  to  be  by  them  invested,  from  time 
to  time,  in  such  stock,  bank  shares,  or  other  estate, 
as  they  may  deem  most  beneficial  to  the  institution ; 
and  to  be  by  them  held  in  trust  for  the  use  and  bene- 
fit of  the  Orphan  House;  and  nothing  contained  in 
the  three  preceeding  sections  shall  extend  to  or 
affect  the  Orphan  House  funds  now  held  or  which 
hereafter  may  be  held  by  the  trustees  of  those  funds 
as  herein  designated  and  provided. 

Sec.   367.     All  the  specialties,  stock,  money  on  Sept.  2,  1840. 
hand,   and   other  property  or  estate,   of   right  be-      Trustees  of  Or- 

.  .  phanHouse 

longmg  to  the  said  establishment,  shall  be,  and  are  1'""^^  and  Estate. 
hereby  directed  to  be  assigned,  transferred,  or  paid 
over  to  the  said  trustees  for  the  purposes  aforesaid ; 
and  the  same,  together  with  all  future  donations, 
devises  and  bequests,  to  or  for  the  benefit  of  the 
said  institution ;  and,  also,  all  moneys  or  other  es- 
tate, which  may  arise  to  the  same  from  escheated 
10 


146 


ORPHAN   HOUSE. 


Sept.   I,  1808. 

Stocks,  etc., 
vested  in  hands  of 
Trustees. 


Com  missioiiers 
to  exhibit  state- 
ment  of   funds. 


Trustees  to  re- 
port to  Council 
annually. 


property,  are  hereby  placed  under  the  special  charge 
of  the  said  trustees ;  who  are  directed  and  required 
to  pursue  all  lawful  ways  and  means  for  the  recov- 
ery of  all  such  property,  real  or  personal,  as  may  be 
so  given,  devised,  bequeathed,  or  which  shall  result 
from  escheated  property ;  and  when  recovered,  to 
invest  the  same  in  such  stock,  bank  shares,  or  other 
estate,  as  may  be  most  beneficial  to  said  establish- 
ment :  Provided,  That  such  investment  be  made 
with  the  approbation  of  the  Commissioners  of  the 
Orphan  House  for  the  time  being,  and  with  the 
consent  of  the  City  Council. 

Sec.  368.  All  investments  made  as  aforesaid 
shall  be  in  the  official  name  and  character  of  the  trus- 
tees aforesaid;  and  the  same  are  hereby  declared 
to  be  sacred,  and  shall  be  forever  kept  apart  and  dis- 
tinct from  all  other  City  funds ;  and  the  principal 
sums  of  such  investments  shall  not  on  any  considera- 
tion be  expended,  but  shall  be  preserved  whole  and 
entire  for  the  benefit  of  the  Orphan  House. 

Sec.  369.  It  shall  be  the  duty  of  the  Commis- 
sioners of  the  Orphan  House,  twice  in  every  year, 
viz :  in  the  months  of  January  and  July,  to  exhibit 
to  the  Council  a  statement  of  the  interest  money, 
dividends,  or  other  income  arising  from  the  Orphan 
House  funds,  with  their  opinion  and  advice  of  the 
best  mode  to  apply  or  invest  the  same  for  the  benefit 
of  the  institution ;  which  mode  of  applying  or  invest- 
ing the  income  of  the  said  funds,  having  received 
the  approbation  of  the  Council,  the  said  trustees 
shall  forthwith  adopt  and  proceed  to  carry  the  same 
into  effect. 

Sec.  370.  The  said  trustees  shall  render  to  the 
City  Council  an  annual  statement  of  the  funds  en- 
trusted to  them,  distinguishing  the  amount  of  each 
donation,  devise  or  bequest,  and  the  name  of  each 
donor  or  devisor;  and  also  all  moneys  or  other  es- 
tate arising  to  the  said  institution  from  escheated 


CITY  ORPHAN  ASYI,UM. 


147 


property,  and  showing  the  amount  of  the  annual 
income,  and  the  manner  of  the  expenditure  thereof, 
so  that  the  citizens  may  see  that  a  faithful  application 
is  made  of  the  funds  aforesaid. 

City  Orphan  Asylum. 

Sec.   371.     That  there  is  hereby  estabhshed  an  jan.  30,  1901. 

orphan  asylum  to  be  known  as  "The  City  Orphan  city    orphan 

Asylum."  ^^y'"'"- 

Sec.    372.     There  shall   be  annually   elected  by  Elect    commis- 

,-,.,       ,^  -1        ,    ,1        (^       ,  1  .  •  ■        T  sioners  annually. 

City  Council,  at  the  hrst  regular  meeting  m  January 
in  each  and  every  year,  seven  Commissioners  of  the 
said  "the  City  Orphan  Asylum,"  who  shall  have 
power  and  authority  to  make  and  frame  such  rules 
and  regulations  as  they  may  think  necessary  for 
the  good  government  and  conduct  of  the  business 
of  the  said  "the  City  Orphan  Asylum"  and  all  per- 
sons therein :  Provided,  all  such  rules  and  regula- 
tions are  presented  to  and  approved  by  the  City  council  to  ap- 
Council  within  ten  days  after  the  same  are  framed,  ''^^^  *"'"' 
and  that  the  City  Council  shall  and  may  confirm, 
alter  and  amend  or  annul  the  same.   . 

Sec.  373.  All  poor  orphan  children  and  children  who  may  be 
of  poor,  distressed  or  disabled  parents  as  shall  be  ^""'"^  • 
deemed  proper  objects  of  admission  by  the  Commis- 
sioners shall  be  admitted  into  the  said  "the  City 
Orphan  Asylum,"  and  shall  be  supported,  educated 
and  maintained  during  such  terms  and  under  such 
regulations  as  the  City  Council  shall  from  time  to 
time  prescribe  or  sanction. 

Sec.  374.  It  shall  be  the  duty  of  the  Commis-  Proper  officers 
sioners  of  the  said  "the  City  Orphan  Asylum"  to  '°  ^  appointed, 
choose  and  appoint  proper  officers,  nurses  and  do- 
mestics, and  to  superintend  and  manage  the  said 
"the  City  Orphan  Asylum,"  the  officers  and  ser- 
vants thereof  and  the  children  therein  to  the  best 
of  their  judgment  and  skill,  subject  to  the  control 
of  Citv  Council. 


148 


INDUSTRIAL   SCHOOL   FOR   COLORED   ORPHANS. 


Industrial  School  for  Colored  Orphans. 


Jan.  26,  1897. 

Industrial 
School  for  Color- 
ed Orphans  es- 
tablished. 


Mayor     to     ap- 
point Commission. 


Terms   of   Com- 
missioners. 


C  o  m  missioners 
to  hold  all  dona- 
tions, devises,  etc., 
in  trust  for 
school. 


Sec.  375.  Whereas  representations  have  been 
made  that  on  the  appointment  by  the  Mayor  and 
confirmation  by  City  Council  of  a  Board  of  Com- 
missioners of  the  Industrial  School  for  Colored  Or- 
phans of  the  City  of  Charleston,  that  funds  or  lega- 
cies may  be  donated  or  bequeathed  to  the  City  of 
Charleston  for  this  specific  purpose,  it  appears  ad- 
visable, in  order  to  test  such  representations,  to 
create  such  a  Board  of  Commissioners,  who  shall 
act  as  a  Board  of  Trustees  of  these  funds  and  of 
any  legacies  that  may  be  devised  or  bequeathed  to 
the  City  of  Charleston  for  this  specific  purpose,  and 
also  trustees  of  any  gifts  or  donations  of  moneys  or 
lands  for  this  special  object :     Therefore 

Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Charleston,  in  City  Council  assembled : 

That  the  Mayor  shall  appoint  a  Board  of  five 
Commissioners  of  the  Industrial  School  for  Colored 
Orphans  of  the  City  of  Charleston,  subject  to  con- 
firmation by  the  City  Council,  and  the  terms  for 
which  these  Commissioners  shall  serve,  shall  be : 
One  for  a  term  of  one  year,  one  for  a  term  of  two 
years,  one  for  a  term  of  three  years,  one  for  a  term 
of  four  years  and  one  for  a  term  of  five  years,  from 
the  first  day  of  January  next,  preceding  the  date  of 
their  confirmation ;  and  that  annually,  in  December 
of  each  year,  there  shall  be  appointed  by  the  Mayor, 
subject  to  confirmation  by  the  City  Council,  one 
Commissioner  of  the  Industrial  School  for  Colored 
Orphans  of  the  City  of  Charleston,  for  a  term  of 
five  years. 

Sec.  376.  All  donations,  gifts,  devises  and  be- 
quests which  may  be  made  to  the  Commissioners 
of  the  Industrial  School  for  Colored  Orphans  of  the 
City  of  Charleston,  for  the  objects  connected  with 


INDUSTRIAL   SCHOOL   FOR   COLORED   ORPHANS. 


149 


the  benevolent  purposes  of  the  institution,  shah  be 
held  by  the  Commissioners  of  the  Industrial  School 
for  Colored  Orphans  of  the  City  of  Charleston,  and 
be  invested  from  time  to  time,  as  the  same  may  be 
received  by  them,  in  such  public  securities,  bank 
stocks,  or  other  estate,  real  or  personal,  as  they  may 
deem  most  beneficial.  All  such  investments  shall 
be  made  in  the  name  of  the  "Commissioners  of  the 
Industrial  School  for  Colored  Orphans  of  the  City 
of  Charleston,"  and  certificates  and  securities  be 
accordingly  so  taken.  No  transfer,  sale,  or  change 
of  capital  shall  at  any  time  be  made  without  the  pre- 
vious consent  of  the  City  Council  of  Charleston. 
Said  Commissioners  shall  receive  and  apply  the 
income  and  dividends  arising  from  the  said  invest- 
ments in  every  instance,  to  the  objects  tending  to 
accomplish  the  designs  of  the  respective  benefac- 
tors ;  and  render  to  the  City  Council,  annually,  at  its 
first  meeting  in  January,  in  each  and  every  year,  a 
statement,  certified  by  the  chairman,  of  the  invest- 
ment of  the  said  funds,  with  the  amount  of  each 
donation,  and  the  name  of  each  donor,  and  the  man-  Report  of  tran- 
ner  of  the  expenditure  of  the  income  thereof,  with  made°"o  CoCncii.^ 
a  detailed  account  of  the  receipts  and  disbursements 
for  the  year  ending  the  31st  day  of  December,  next 
preceding,  accompanied  with  a  full  report  of  their 
doings,  and  with  their  opinion  and  advice  as  to  the 
best  mode  for  the  conducting  and  maintaining  of 
the  said  institution,  and  the  application  and  invest- 
ment of  its  funds,  which  having  received  the  appro- 
bation of  City  Council,  and  the  approval  of  the 
Mayor,  the  said  Commissioners  shall  adopt  and  pro- 
ceed forthwith  to  carry  the  same  into  effect.  Pro- 
vided, nevertheless,  that  said  Board  of  Commission- 
ers may  make  at  any  time  during  the  year,  such  sup- 
plementary reports  to  the  City  Council,  as  the  said 
Board  may  deem  for  the  interests  of  the  City,  and 
any    action    on    these    supplementary    reports    shall 


150 


CITY  HOSPITAL. 


take  the  same  course  as  is  provided  for  the  annual 
report. 

City  Hospital. 


May  24,   1892. 
April  9,  1901. 

Mayor  to  ap- 
point Commission- 
ers. 


Authorized 
make  rules. 


Proviso. 


t  o 


May  23,  1880. 

Com  missioners 
to  appoint  offi- 
cers, etc. 


House  physi- 
cians to  be  ap- 
pointed by  Facul- 
ty of  Medical 
College. 


Sec.  377.  The  government  of  the  City  Hospital 
shall  be  under  the  direction  and  control  of  ten  Com- 
missioners to  be  appointed  by  the  Mayor  and  con- 
firmed by  City  Council,  who  shall  hold  their  office 
for  four  years  from  the  date  of  their  appointment. 
They  shall  have  power  and  authority  to  make  and 
frame  such  rules  and  regulations  as  may  be  neces- 
sary for  the  good  government  and  conducting  the 
business  of  the  said  Hospital  in  the  interest  of  the 
City  and  for  the  benefit  of  the  sick  poor  therein  :Pro- 
inded,  All  such  rules  and  regulations  are  presented 
to  and  approved  by  City  Council  within  ten  days 
after  the  same  are  adopted,  and  that  the  City  Council 
ma)^  alter,  amend,  or  annul  the  same. 

Sec.  378.  It  shall  be  the  duty  of  the  Commis- 
sioners of  the  City  Hospital  to  choose  and  appoint 
for  the  said  Hospital  such  officers  and  nurses  as  may 
be  necessary  for  the  proper  conduct  of  the  said 
Hospital,  and  to  superintend  and  manage  the  City 
Hospital,  the  officers  and  servants  thereof,  the  sick 
therein,  and  its  finances,  to  the  best  of  their  judg- 
ment and 'Skill,  and  to  determine  in  what  manner  and 
by  whom  all  material  and  supplies,  of  whatever 
nature  or  description,  necessary  for  the  said  Hospi- 
tal, shall  be  purchased. 

Sec.  379.  The  necessary  house  physicians,  not 
exceeding  four,  shall  be,  as  heretofore,  nominated 
by  the  Faculty  of  the  Medical  College  of  the  State 
of  South  Carolina  and  confirmed  by  the  said  Board 
of  Commissioners,  but  may  be  removed  by  the  said 
Board  for  cause. 

Sec.  380.  It  shall  not  be  lawful  for  any  quarters, 
subsistence,  fuel  or  lights  to  be  furnished  to  any 
person  who  is  not  an  employee  of  the  City  Hospital, 
or  who  is  not  a  patient  therein. 


REGULATING    CONSUMPTION    OF    GAS. 


151 


Sec.  381.     The  ambulances  of  the  City  Hospital  juiy  12,  1892 
shall  have  the  right  of  way  in  and  upon  the  streets, 


have      right 
way. 


to 
of 


lanes,  alleys,  squares,  railroad  crossings  and  wharves 
of  the  City  in  responding  to  any  call  for  same  made 
by  or  upon  the  City  Hospital,  the  Health  Depart- 
ment, the  Fire  Department,  the  Police  Department, 
or  any  person  or  persons  authorized  by  law  to  make 
such  call,  or  being  upon  such  streets,  lanes,  alleys, 
squares  or  wharves  in  pursuance  of  such  call  or  calls. 

No  person  or  persons  shall  obstruct  or  neglect  to  penalty 
make  way  for  any  of  such  ambulances  being  thus 
in  or  upon  any  of  said  streets,  lanes,  alleys,  squares 
or  wharves  under  a  penalty  of  not  less  than  five  dol- 
lars, or  more  than  twenty-five  dollars,  for  every  of- 
fence, or  an  imprisonment  of  not  more  than  thirty 
days :  Provided,  always,  That  such  ambulance  or 
ambulances  in  going  to  or  returning  from  such  call 
or  calls  shall  not  proceed  faster  than  a  trot. 


for     ob- 


structing. 


Proviso. 


Regulating  Consumption  of  Gas  in  City  Institutions. 


Sec.  382.  The  Boards  of  Commissioners  and 
the  officers  in  authority  over  and  in  charge  of  the 
several  public  institutions  and  departments  of  the 
City  of  Charleston  be,  and  they  hereby  are,  author- 
ized, empowered,  instructed,  and  required  to  keep 
and  maintain  a  careful  and  systematic  account  of 
the  amount  of  gas  and  electricity,  either  or  both, 
which  shall  be  used  and  consumed  b}^  the  institution 
or  department  under  their  control  and  management, 
and  to  pay  for  the  same  out  of  the  public  funds 
which  shall  be  received  or  shall  be  appropriated 
by  City  Council  for  the  use  and  maintenance  of 
such  institution  or  department,  and  to  make  an 
accounting  to  City  Council  of  such  expenditure ;  and 
in  no  case  shall  such  expenditure  exceed  the  sum  ap- 
propriated for  such  purpose. 


Feb. 


1901. 


Consumption  of 
gas  and  electric- 
ity in  city  institu- 
tions to  be  regu- 
lated by  authori- 
ties  in   charge. 


152 


ADMISSION    INTO    CHARITAliLK    INSTITUTIONS. 


Admission  into  Chari tabic  Instittttions. 


Feb.   12,  1901. 

Admission  into 
various  city  insti- 
tutions   regulated. 


Feb.    12,   1901. 

To  prevent  pau- 
per non-residents 
being  a  charge  on 
city. 


Penalty. 


Sec.  383. That  no  person  shall  be  admitted  to  the 
Charleston  Orphan  House,  or  the  City  Orphan  Asy- 
lum, the  Alms  House  or  the  Ashley  River  Asylum, 
or  the  City  Hospital,  unless  he  or  she  shall  have  been 
resident  in  the  City  of  Charleston  for  three  years 
prior  to  the  application  for  such  admission : 
Provided,  that  in  case  of  emergency  a  person  or 
persons  may  be  admitted  to  the  City  Hospital,  the 
Alms  House,  or  the  Ashley  River  Asylum  on  the 
joint  order  of  the  Mayor  and  the  Chairman  of  the 
Board  of  Commissioners  of  the  institution  to  which 
said  person  or  persons  desire  to  be  admitted : 
Provided  further,  that  the  Commissioners  of  the 
City  Hospital  shall  have  the  power  to  admit  to  the 
said  Hospital  patients  who  .have  not  had  a  three 
years'  residence,  upon  first  receiving  such  compen- 
sation for  their  care  as,  in  the  opinion  of  the  said 
Commissioners,  will  entirely  defray  the  expense 
thereof. 

Sec.  384.  That  any  person  or  corporation  who 
shall  bring  into  the  city  any  sick  or  wounded  per- 
son who  shall  have  no  means  of  being  cared  for  in 
this  city  except  at  the  City  Hospital  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  sub- 
ject to  a  fine  not  exceding  one  hundred  dollars,  or 
imprisonment  not  more  than  thirty  days. 

Sec.  385.  Any  person  or  persons  who  have  not 
been  resident  in  the  City  of  Charleston  for  three 
years,  and  who  shall  knowingly  and  wilfully  come 
into  this  City  for  the  pufpose  of  being  taken  into 
the  City  Hospital,  the  orphan  houses  of  the  City, 
the  Alms  House  or  the  Ashley  River  Asylum,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  be 
fined  not  more  than  one  hundred  dollars  or  impris- 
oned not  more  than  thirty  days. 


THE  WILLIAM   ENSTON   HOME.  -j^^^ 

Provided,  that  this  section  shall  not  apply  in  case  proviso, 
where  a  person  he  admitted  to  the  City  Hospital, 
the  Alms  House,  or  the  Ashley  River  Asylum  under 
the  provisions  of  the  Ordinance  entitled,  "An  Ordi- 
nance to  regulate  the  admission  of  persons  to  the 
Charleston  Orphan  House,  the  City  Orphan  Asy- 
lum, the  Alms  House,  the  Ashley  River  Asylum  and 
the  City  Hospital. 

The  IVilliam  Enston  Home. 

Sec.    386.      Whereas,    William    Enston,    late   of  Aug.  22,  1882. 
the  City  of  Charleston,  hy  his  last  will  and  testa-  ^  iiistory  of  the 

r  r        ■        r  Home. 

ment,  after  providing  for  the  members  of  his  fam- 
ily and  others  therein  named  for  their  several  lives, 
did  devise  and  bequeath  to  the  City  of  Charleston 
in  remainder  his  estate  for  the  founding  of  a  hos- 
pital for  the  old  and  infirm ; 

And,  whereas.  In  order  to  secure,  as  contemplated 
in  said  will,  the  personal  supervision  and  approval 
of  Mrs.  Hannah  Enston,  widow  of  William  Enston, 
in  whom  he  therein  reposed  his  special  trust  and 
confidence  in  determining  the  plan  and  in  the  estab- 
lishment of  this  munificent  charity,  and  for  other 
good  and  sufficient  reasons,  a  settlement  has  hereto- 
fore been  had  and  concluded  by  and  between  the 
City  Council  of  Charleston,  Mrs.  Hannah  Enston, 
widow  and  executrix  of  Wm.  Enston,  and  the  sev- 
eral surviving  annuitants  therein  named,  whereby 
the  said  City  Council  of  Charleston  has  now  become 
invested  with  and  possessed  of  a  considerable  portion 
of  said  estate,  and  upon  the  death  of  the  surviving 
annuitants  of  William  Enston  will  receive  in  final 
settlement  a  further  portion  of  said  estate,  now 
vested  in  remainder  in  said  City  of  Charleston  for 
the  use  of  the  said  hospital  under  the  deed  of  trust 
by  Hannah  Enston,  et  al,  to  William  A.  Courtenay, 
Isaac  Havne  and  William  Enston  Butler,  trustees ; 


154 


THE  WILLIAM   ENSTON  HOME. 


Home  establish- 


ed. 


Board 
tees. 


of   Trus- 


To  make  rules. 


Trustees  shall 
be  residents  of 
the    city. 


Vacancies, 
filled. 


how 


Who   to    be   ad- 
mitted to   Home. 


And,  zvhcrcas,  It  is  considered  an  object  of  pri- 
mary obligation  to  keep  tbis  munificent  legacy  of  the 
late  William  Enston,  separate  and  distinct  from  the 
general  funds  of  the  City  of  Charleston,  so  that, 
while  it  accomplishes  the  leading  object  of  the  testa- 
tor, it  may  stand  as  a  monument  of  his  liberality 
and  public  spirit. 

Now,  therefore,  be  it  ordained  by  the  Mayor  and 
Aldermen  of  the  City  of  Charleston  in  City  Council 
assembled : 

I.  That  there  shall  be  established  as  hereinafter 
provided,  with  the  funds  devised  and  bequeathed 
to  the  City  of  Charleston  by  the  late  William  En- 
ston, a  Home  for  old  and  infirm  persons. 

Sec.  387.  That  W.  A.  Courtenay,  Alva  Gage, 
F.  S.  Rodgers,  E.  H.  Jackson,  Wm.  Thayer,  Wm. 
Robb,  A.  B.  Rose,  J.  H.  Pieper,  O.  Aichel,  C.  P. 
Aimar,  J.  P.  K.  Bryan  and  W.  J.  Miller  are  hereby 
chosen  as  trustees  who,  together  with  the  Mayor  of 
the  City  of  Charleston,  shall  constitute  a  board  of 
trustees  for  the  management,  direction  and  control 
of  the  said  Home,  and  who  shall  have  power  and 
authority  to  make  rules  and  regulations  necessary 
for  the  good  government  and  the  conducting  of  the 
affairs  of  the  said  Home. 

Sec.  388.  The  Mayor  of  the  City  of  Charleston 
shall  always  be  ex-officio  a  member  of  said  board 
of  trustees,  and  the  twelve  other  trustees  shall  be 
residents  of  the  City  of  Charleston,  and  shall  be 
chosen  to  serve  perpetually  and  without  compensa- 
tion. That  upon  the  death,  resignation  or  removal 
from  the  City  of  Charleston  of  any  one  of  the  said 
trustees  the  vacancy  shall  be  filled  by  the  remaining 
trustees. 

Sec.  389.  All  such  old  and  infirm  persons  in 
poverty,  of  good  honest  character  and  decent  life 
and  conduct  as  shall  be  deemed  proper  objects  of 
admission  by  the  said  trustees,   may  be  admitted 


THE  WILLIAM   ENSTON   HOME. 


155 


into  the  said  Home,  and  the  said  Board  of  Trustees 
shall  at  all  times  have  power  to  remove  any  person 
so  admitted. 

Provided,  however,  that  no  person  under  the  age 
of  forty-five  years  shall  be  admitted,  unless  in  the 
case  of  some  great  physical  infirmity,  such  as  lame- 
ness. 

And,  provided  further,  that  no  lunatic  person 
shall  be  admitted  or  allo\ved  to  remain  therein. 

And,  provided  further,  that  there  shall  always  re- 
main in  the  gift  of  any  of  the  family  of  William 
Enston  six  gifts  or  appointments  in  said  Home  to 
be  enjoyed  by  six  individuals. 

Sec.  390.  The  said  Board  of  Trustees  shall 
have  power  to  appoint  such  officers,  physician  or 
physicians,  nurses  and  servants  as  they  may  deem 
necessary,  and  to  allow  them  such  compensation  for 
their  services  as  shall  be  reasonable,  and  shall  also 
have  power  to  remove  them,  or  any  of  them,  at  their 
will  and  pleasure,  and  shall  and  may  exercise  such 
other  powers  and  authorities  for  the  well  governing 
and  ordering  of  the  affairs  of  the  said  Home  as  shall 
not  be  repugnant  to  or  inconsistent  with  the  true 
intent  and  meaning  of  the  provisions  of  the  last  will 
and  testament  of  the  said  William  Enston,  deceased. 

Sec.  391.  That  the  premises  known  as  late 
Storen's  Farm,  situate  in  the  City  of  Charleston, 
and  lying  on  the  east  side  of  King  street  (and  more 
particularly  described  in  the  deed  thereof  of  Michael 
Storen  to  City  of  Charleston,)  containing  eight 
acres,  be  and  the  same  are  hereby  set  apart  and  ded- 
icated by  the  City  Council  of  Charleston  as  a  site 
for  the  said  Home.  And  the  said  premises  shall  be 
known  and  designated  as  the  William  Enston 
Home,  and  the  same  are  hereby  vested  in  the  said 
Board  of  Trustees  for  the  use  and  benefit  of  the 
said  Home. 

Sec.  392.     That  in  improving  and  laying  out  the 


No  person  un- 
der 45  years  to  be 
admitted. 


No    lunatic    ad- 
mitted. 


Family  of  Wm. 
Enston  to  have  6 
appointments. 


Board      to      ap- 
point  officers. 


Compensation. 

Power      to      re- 
move. 


Location. 


Designation. 


156 


THE  WILLIAM   ENSTON  HOME. 


Memorial. 


Investments  and 
property  vested 
in  Trustees. 


Improvement  in  grouiids  of  the  Said  William  Enston  Home,  the 
^'^°""  ^'  said  Board  of  Trustees  are  hereby  required  to  re- 

serve and  set  apart  a  space  of  one  hundred  (lOo) 
feet  square  at  or  near  the  centre  of  the  grounds,  or 
at  some  other  suitable  point  therein  as  they  may 
determine,  which  spot  is  hereby  dedicated  for  the 
erection  thereon  of  a  perpetual  memorial  by  the 
City  Council  of  Charleston  to  William  Enston,  her 
large-hearted,  noble  benefactor. 

Sec.  393.  All  the  money,  stock,  securities,  in- 
vestments and  estate  of  every  kind  and  description, 
with  the  increment  thereon,  which  has  heretofore 
come  and  which  hereafter  shall  come  into  the  pos- 
session of  the  City  of  Charleston,  or  which  is  now 
held  by  any  agent  or  officer  of  said  city,  or  trustees 
on  behalf  of  said  "city,  and  which  has  been  or  may 
hereafter  be  received  by  the  City  of  Charleston  under 
the  bequests  and  devises  contained  in  the  will  of  the 
late  William  Enston,  and  the  articles  of  agreement 
and  deeds  and  instruments  executed  by  and  between 
the  parties  in  interest  under  said  will  in  settlement 
of  said  estate  of  William  Enston,  shall  pass  to  and 
be  vested  in  said  Board  of  Trustees  for  the  use  and 
benefit  of  said  Home.. 

Sec.  394.  And  the  said  Board  of  Trustees  shall 
have  power  to  sell,  at  public  or  private  sale,  and 
transfer  and  convey  any  and  all  of  the  said  property, 
real  or  personal,  applying  the  proceeds  of  such  sale 
to  the  use  of  said  Home ;  and  all  funds  held  by  them 
shall  be  invested  in  such  public  securities  or  other 
estate,  real  and  personal,  as  they  may  deem  most 
beneficial ;  and  all  such  investments  shall  be  made 
in  the  name  of  the  Trustees  of  the  William  Enston 
Home ;  and  no  investment  or  change  of  investment 
of  such  property  shall  be  made,  unless  by  the  vote 
of  three-fourths  of  the  members  of  said  Board  of 
Trustees. 

Sec.  395.     That  the  said  Board  of  Trustees  out 


Power  to  change 
investments. 


THE  WILLIAM  ENSTON  HOME. 


157 


of  the  principal  of  the  fund  and  property  now  turned 
over  to  them  shall  forthwith  apply  and  expend  such 
sum,  as  they  shall  in  their  discretion  determine,  in 
the  improvement  of  the  said  premises  hereinbefore 
dedicated  as  a  site  for  the  said  Home  and  in  the 
erection  thereon  of  such  number  of  cottages  as  they 
shall  determine,  of  brick,  in  rows,  neat  and  conve- 
nient, each  cottage  to  have  a  small  garden,  according 
to  a  plan  to  be  approved  by  Mrs.  Hannah  Enston, 
widow  of  the  late  William  Enston. 

Sec.  396.  That  the  rest  and  residue  of  the  prin- 
cipal fund  and  estate  now  turned  over  to  said  Board 
of  Trustees,  remaining  after  said  improvements 
above  mentioned,  be  held  by  the  said  Board  to  be 
applied,  principal  or  interest  in  their  discretion,  to 
the  use  and  maintenance  of  said  Home.  That  the 
corpus  of  the  trust  fund  and  estate  now  vested  in 
William  A.  Courtenay  and  Isaac  Hayne  and  William 
Enston  Butler,  trustees,  which  hereafter,  upon  the 
death  of  the  annuitants  of  W'illiam  Enston,  is  to  be 
paid  over  and  transferred  to  the  City  of  Charleston 
for  the  use  of  said  Home,  shall  always  be  kept  and 
preserved  intact  by  the  said  Board  of  Trustees  as  a 
principal  fund  and  estate.  And  only  the  interest, 
income,  rents,  profits  and  dividends  issuing  out  of 
the  same  shall  be  applied  and  expended  in  the  fur- 
ther improvement  of  said  premises,  erection  of  ad- 
ditional cottages  and  the  support  and  mainten.ance 
of  said  Home. 

Sec.  397.  It  shall  be  the  duty  of  the  said  Board 
of  Trustees  to  make  in  writing  annually  to  the 
Mayor  and  City  Council  of  Charleston  a  full  report 
of  their  proceedings  during  the  year,  and  of  the 
state  of  the  Home,  showing  the  number  and  condi- 
tion of  the  cottages,  inmates,  and  all  matters  neces- 
sary to  a  full  understanding  of  the  affairs  of  the 
Home,  which  shall  be  certified  by  the  president  and 
secretarv  of  said  Board.     And  there  shall  be  ren- 


To 
tages 


build     cot- 
of   brick    in 


Rest  and  resi- 
due to  be  held  for 
use    of    Home. 


Corpus  of  fund 
to   be   held. 


Income 
expended. 


to      be 


Board 
reports. 


to    make 


158 


BATHING   HOUSES. 


dered  with  said  report  annually  an  account  or  state- 
ment, certified  in  like  manner,  showing  the  receipts 
and  expenditures  for  the  year  and  the  assets  and 
pecuniary  condition  of  the  Home,  and  said  reports 
shall  be  addressed  to  the  Mayor  before  the  tenth  day 
of  January  in  each  year  for  the  preceding  fiscal  year. 

Bathing  Houses. 


Feb.   12,    1889. 


Board 
elected. 


to 


Power    and    au 
thority  of  same. 


Sec.  398.  That  a  Board,  consisting  of  seven 
be  Commissioners  shall  be  annually  elected  by  the  City 
Council,  at  the  annual  election  of  city  officers,  which 
shall  be  charged  with  the  erection,  care,  conduct 
and  management  of  the  bathing  houses,  and  shall 
have  power  and  authority  to  make  such  rules  and 
regulations  as  it  may  deem  best  for  the  management 
and  maintenance  of  the  same :  Provided,  That  said 
rules  shall  require  the  said  bathing  houses  to  be 
opened  each  and  every  day  during  the  months  of 
May,  June,  July,  August  and  September,  from  6 
o'clock  A.  M.  to  10  o'clock  P.  M.,  three  days  in 
each  week  for  the  admission  of  the  public,  under 
proper  regulations  of  the  said  Commissioners,  free' 
of  charge,  and  the  remaining  days  in  each  week  to 
be  opened  at  such  charges  as  may  be  fixed  by  the 
said  Commissioners,  for  the  purpose  of  defraying 
the  expenses  necessary  to  the  maintenance  of  the 
said  bathing  houses.  All  moneys  so  received  by  the 
said  Commissioners,  to  be  deposited  with  the  City 
Treasurer,  subject  to  the  order  of  the  said  Commis- 
sioners. 


FREIGHT  COMMISSIONERS— FREIGHT   BUREAU. 


159 


CHAPTER  VIII. 


Freight  Coniinissiojicrs — Freight  Bureau. 


Sec.   399.     There  shall  be  a   Board  of  Freight  Dec.  n,  1894. 
Commissioners   for  the  City  of  Charleston,   which      Board  estabiish- 
shall  be  one  of  the  municipal  Boards  of  said  City,   '"^' 
and  shall  be  appointed  and  hold  office  as  in  herein- 
after ordained. 

Sec.  400.  That  the  said  Board  shall  consist  of  Dec.  23.  1902. 
seven  members,  two  of  whom  shall  be  Aldermen  of  How  composed, 
the  City  of  Charleston,  to  be  nominated  by  the 
Mayor;  one  Commissioner  to  be  nominated  by  the 
Chamber  of  Commerce,  one  Commissioner  to  be 
nominated  by  the  Cotton  Exchange  of  the  City  of 
Charleston,  one  Commissioner  to  be  nominated  by 
the  Merchants'  Exchange  of  the  City  of  Charleston, 
one  Commissioner  to  be  nominated  by  the  Com- 
mercial Club  of  the  City  of  Charleston,  and  one 
Commissioner  to  be  nominated  by  the  Young  Men's 
Business  League  of  the  City  of  Charleston ;  all  of 
which  nominations  shall  be  reported  to  the  City 
Council  for  confirmation  by  them :  Provided,  how- 
ever, that  the  Aldermen  so  appointed  shall  hold 
office  on  said  Board  only  during  their  term  of  office 
as  Aldermen. 

Sec.  401.  That  any  vacancy  arising  from  death,  vacancies,  how 
resignation,  removal  from  the  City,  or  incapacity  to 
serve  of  any  one  or  more  of  their  number  shall  be 
filled  as  provided  in  Section  400 :  Provided,  always, 
hozvever,  That  in  filling  said  vacancies  the  basis  of 
representation  hereinbefore  ordained  shall  be  pre- 
served, and  the  person  or  persons  so  selected  to 
fill  such  vacancy  shall  be  reported  to  City  Council 
for  confirmation. 

Sec.  402.     The  said  board  shall  be  authorized  to 


filled. 


160 


FREIGHT   COMMISSIONERS— FREIGHT    BUREAU. 


Power  and  du-  cxaminc  into  all  matters  appertaining  to  the  rates 
ties  of  Board.  ^^  freight  into  or  out  of  the  city  of  Charleston, 
whether  by  water  or  by  land;  and  into  all  matters 
connected  therewith ;  and  also  into  all  matters  ap- 
pertaining to  the  rates  of  insurance,  fire  and  marine, 
and  all  matters  connected  therewith ;  they  shall  be 
charged  with  the  special  duty  of  taking  such  steps 
as  they  may  deem  proper  to  prevent  any  discrimi- 
nation against  the  interests  of  the  city  of  Charles- 
ton, and  insure  fair,  just  and  proper  rates  of  freight 
and  insurance  in,  and  out  of  the  said  city. 

They  shall  have  power  to  appoint  and  at  pleasure 
remove  an  agent  or  manager,  to  be  known  as  the 
manager  or  inspector  of  the  Freight  Bureau  of  the 
city  of  Charleston,  and  also  a  clerk  and  to  fix  the 
amount  of  compensation  for  each  subject,  however, 
to  the  approval  of  the  City  Council  of  Charleston. 
They  shall  have  further  power  to  make  such  rules 
and  regulations  for  the  management  for  the  said 
bureau,  and  the  discharge  of  the  duties  herein  im- 
posed upon  them,  as  they  may  deem  proper,  pro- 
vided such  rules  are  not  inconsistent  with  the  laws 
of  the  land  or  the  ordinances  of  the  city. 

Board  to  report.  Sec.  403.  The  Board  of  Freight  Commissioners 
shall  have  entire  control  and  management  of  the 
Freight  Bureau  hereby  created,  and  shall  report  all 
their  operations,  actions  and  expenses  annually  to 
the  City  Council  for  its  information  and  approval. 
Sec.  404.  That  for  the  support  and  maintenance 
of  the  Freight  Bureau  hereby  created,  such  sum 
shall  be  annually  appropriated  by  City  Council  as 
thev  mav  deem  sufficient. 


Manager. 

Clerk. 
Compensation. 

Rules. 


Appro  priation 
for. 


CHARLESTON    COLLEGE— HIGH    SCHOOL. 

CHAPTER  IX. 
Department   of  Education. 
Charleston  College — High  School. 


Charleston  College. 


161 


Sec.  405.     That  all  donations,  devises,  bequests  or      j^p^jj  ^g_  ^g^^ 
legacies   to   the   Charleston   College,    shall   be  paid      c  o  m  missioners 
over,   received,   invested,   dealt   with,   and   disposed   p*^,,^^/''^    Coiiege 
of,  as  relates  to  both  capital  and  income,   for  the 
benefit  of  the  said  College,  by  the  Commissioners 
of  the  City  College  Fund,  who  shall  consist  of  the 
Mayor  of  the  City,  the  President  of  the  Board  of 
Trustees  of  the  said  College,  and  the  City  Treas- 
urer; and  the  Commissioners  of  the  City  College 
Funds  shall  annually  report  to  Council,  at  the  usual      Annual    repon. 
period   for  the  annual  statement  of  City  accounts 
and   finances,    the   amount   and   disposition   of   the 
funds  respectively  under  their  charge. 

High  School. 

Sec.  406.     That,  whereas,  the  General  Assembly  Dec.  27,  issi. 
of  the  State  of  South  Carolina  has  passed  an  Act      Preamble, 
relating  to  the  High  School  of  Charleston,  the  title 
and  provisions  of  which  are  as  follows : 

An  Act  Relating  to  the  High  School  of  Charleston. 

Whereas,  the  City  Council  of  Charleston  did,  by 
its  Ordinance  ratified  on  the  second  day  of  May, 
\.  D.  1839,  and  the  twenty-sixth  of  April,  1853, 
create  a  permanent  and  accumulating  fund  for  the 
benefit  of  the  High  School  of  Charleston,  and  did 
11 


-^^2  HIGH    SCHOOL. 

require  its  Treasurer,  for  each  and  every  year  from 
the  year  1853,  for  the  rest  of  the  period  of  ninety- 
nine  years  from  the  year  1839,  to  issue  and  dehver 
to  the  "Commissioners  of  the  High  School  Fund" 
a  certificate  of  stock  of  the  said  City  of  Charleston 
for  the  sum  of  one  thousand  dollars,  which  said 
fund  is  now  invested  in  the  school  lot  and  buildings 
at  the  Northwest  corner  of  Meeting  and  George 
Streets,  and  the  sum  of  forty-seven  thousand  seven 
hundred  and  forty  dollars  in  the  stock  and  bonds  of 
the  City  of  Charleston,  which  amount,  yielding  an 
income  of  twenty-three  hundred  and  eighty-six  dol- 
lars, is  not  sufficient  to  perfect  the  School  in  all  its 
branches.  And,  whereas,  it  has  been  suggested  by 
the  Board  of  Supervisors  of  the  High  School  of 
Charleston  to  the  said  City  Council,  as  conducive 
to  the  welfare  of  the  said  School,  to  change  the  in- 
vestment aforesaid  into  an  annuity  of  four  thousand 
dollars  for  the  unexpired  period  of  ninety-nine 
years,  to-wit :  about  sixty  years ;  and  in  considera- 
tion thereof  to  cause  the  scrip  aforesaid  now  in  the 
hands  of  the  "Commissioners  of  the  High  School 
Fund"  to  be  cancelled,  therebv  relieving  the  Citv 
of  Charleston  of  that  amount  of  debt ;  now,  there- 
fore, to  carry  the  said  purposes  into  effect : 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South 
Carolina,  noz^'  met  and  sitting  in  General  Assembly, 
and  by  authority  of  the  same.  That  the  present 
Board  of  Supervisors  of  the  High  School  of 
Charleston  are  hereby  declared  to  be  a  body  corpo- 
rate, by  the  style  and  title  of  "The  Trustees  of  the 
High  School  of  Charleston,"  and  shall  by  its  said 
name  have  perpetual  succession  of  officers  and 
members,  the  right  to  use  and  keep  a  common  seal 
and  the  same  to  alter  at  will,  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  and  to  have  and  enjoy  all 
and  every  right  and  privilege,  power  and  franchise 


HIGH    SCHOOL. 

incident  and  belonging  to  incorporate  bodies ;  they 
shall  also  have  full  power  and  authority,  from  time 
to  time,  to  make,  constitute  and  establish  such  and 
so  many  by-laws,  rules  and  orders  as  to  them  shall 
seem  necessary  and  convenient  for  the  better  regula- 
tion, government,  well-ordering  and  directing  of 
themselves  as  trustees  aforesaid,  as  well  of  the  said 
High  School  of  Charleston,  and  all  officers,  profes- 
sors or  other  persons  by  them  employed,  or  to  be 
employed  in  and  about  the  same,  and  of  all  pupils 
in  the  said  School,  and  for  the  better  managing, 
limiting  and  appointing  of  all  and  singular  the 
trusts  and  authorities  in  them,  and  each  of  them 
reposed,  and  to  be  reposed,  and  for  the  doing,  man- 
aging and  transacting  all  things  necessary  for  and 
concerning  the  government  of  the  said  High 
School  of  Charleston ;  and  the  same  by-laws,  rules 
and  orders,  to  be  put  in  force  and  execution  accord- 
ingly; and  the  same  again,  at  their  will  and  pleas- 
ure, to  alter,  change,  revoke  and  annul ;  all  of  which 
by-laws,  rules  and  orders  so  to  be  made  as  afore- 
said shall  be  binding  on  each  and  every  of  the  trus- 
tees, and  on  all  officers,  professors  and  other  per- 
sons by  them  employed,  and  by  all  pupils  in  said 
School,  and  shall  be  from  time  to  time,  by  each  and 
every  of  them  observed,  according  to  the  tenor  and 
effect  thereof  under  the  several  pains,  penalties  and 
disabilities  therein  expressed. 

Sec.  2.  The  Trustees  of  the  High  School  of 
Charleston  shall  consist  of  the  Mayor  of  Charles- 
ton, for  the  time  being  ex-officio,  two  Aldermen  of 
the  said  city,  to  be  elected  by  the  City  Council  as 
soon  after  the  General  Municipal  Election  as  may 
be  practicable,  to  hold  office  for  the  term  of  the 
City  Council  from  which  they  may  be  elected,  and 
if  the  said  Aldermen  or  either  of  them,  shall,  from 
any  cause  during  such  term,  cease  to  be  Aldermen, 
his  or  their  place  on  said  Board  shall  become  va- 


163 


]^^4  HIGH    SCHOOL. 

cant,  and  the  City  Council  shall,  as  soon  as  prac- 
ticable thereafter,  fill  such  vacancy  with  some  other 
Alderman  or  Aldermen  for  the  unexpired  term. 
Besides  these,  the  Board  shall  consist  of  the  other 
persons  now  members  thereof,  not  sitting  as  Mayor 
or  as  Aldermen  ex-officio.  That  wheneA'er  a  va- 
cancy shall  occur  from  any  cause  in  this  class  of 
Trustees,  such  vacancy  shall  not  be  filled  until  the 
number  of  the  Board,  including  the  Mayor  and  the 
two  Aldermen,  is  reduced  to  nine,  at  which  number 
it  shall  remain.  Thenceforward  and  after  such  re- 
duction, any  vacancy  occurring  in  the  Board  from 
any  cause  shall,  from  time  to  time,  and  at  all  times, 
be  filled  by  the  Board  in  such  mode  as  they  may 
deem  best :  Provided,  That  this  provision  shall  not 
apply  to  the  Mayor  and  Aldermen  sitting  on  such 
Board  ex-officio;  and  provided,  also,  that  if  the 
Board  refuse  or  neglect  or  be  unable  to  fill  any 
vacancy  within  three  months  after  it  shall  have  been 
reported  to  the  Board,  it  shall  and  may  be  lawful 
for  the  City  Council  to  fill  the  same. 

Sec.  3.  That  the  "Commissioners  of  the  High 
School  Fund"  are  empowered  and  authorized,  with 
the  consent  and  under  the  direction  of  the  City 
Council  of  Charleston,  to  cancel  all  scrip  or  bonds 
they  hold  as  the  High  School  fund,  and  deliver  the 
same  to  the  Treasurer  of  the  said  City,  to  be  by  him 
retained  and  securely  kept :  Provided,  That  the 
City  Council  do  agree  and  contract  in  proper  and 
legal  manner,  and  in  consideration  of  the  said  can- 
cellation, with  the  Trustees  of  the  "High  School  of 
Charleston,"  to  grant  an  annuity  of  four  thousand 
dollars  for  the  term  of  sixty  years  from  the  first  of 
January,  eighteen  hundred  and  eighty-two,  to  the 
said  trustees,  and  for  the  payment  thereof  to  ap- 
propriate annually  and  pay  over  each  year  to  the 
said  trustees  the  sum  of  four  thousand  dollars, 
for  the  sole  and  exclusive  use  and  benefit  of  the  said 


HIGH    SCHOOL. 


165 


School ;  and,  Provided,  further,  That  the  said  City 
Council  do  execute  a  conveyance  of  the  said  school- 
lot  and  buildings  at  the  Northwest  corner  of  Meet- 
ing- and  George  Streets  to  the  said  trustees,  for  the 
sole  and  exclusive  use  and  benefit  of  the  said 
School. 

Sec.  4.  That  the  said  trustees  are  authorized  and 
empowered  to  receive  and  hold  donations,  devises, 
bequests  and  legacies,  and  to  hold  real  and  personal 
estate  to  the  amount  of  three  hundred  thousand 
dollars  for  the  benefit  and  use  of  the  said  School. 

Sec.  5.  That  all  Acts  and  parts  of  Acts  incon- 
sistent with  the  provisions  of  this  Act  are  hereby 
repealed,  and  this  Act  shall  be  deemed  a  public  Act, 
and  is  to  take  effect  from  and  immediately  after  the 
date  of  its  passage. 

And,  whereas,  it  is  necessary,  in  order  that  the 
same  may  become  operative  and  binding  upon  the 
City  Council  of  Charleston,  that  the  provisions 
thereof  be  accepted  by  the  City  Council  of  Charles- 
ton, it  is  hereby  declared  that  the  provisions  of  the 
said  Act  be  and  are  hereby  accepted  by  the  City 
Council  of  Charleston. 

Sec.  407.  That  the  Commissioners  of  the  High  cancellation  of 
School  Fund  are  hereby  authorized  to  cancel  all 
scrip  or  bonds  of  the  City  of  Charleston  held  by 
them,  and  deliver  the  same  to  the  Treasurer  of  the 
City  of  Charleston,  to  be  by  him  retained  and  se- 
curely kept. 

Sec.  408.  That,  in  consideration  of  the  cancella-  a  p  p  r  opriation. 
tion  of  the  said  stocks  and  bonds,  an  annual  ap- 
propriation (beginning  with  the  year  1882)  of  four 
thousand  dollars,  payable  quarterly,  shall  be  an- 
nually made  and  paid  out  of  the  City  Treasury,  for 
the  term  of  sixty  years,  to  the  "Trustees  of  the 
High  School  of  Charleston,"  for  the  sole  and  ex- 
clusive use  and  benefit  of  the  said  School ;  and  the 
Mayor  of  the  City  of  Charleston  is  hereby  author- 


166 


SCHOLARSHIPS   IN   SOUTH   CAROLINA   MILITARY  ACADEMY. 


ized  to  execute,  in  the  name  of  the  City  Council 
of  Charleston  a  contract  with  the  "Trustees  of  the 
High  School  of  Charleston"  that  the  City  Council 
will  make  the  appropriation  herein  provided  for; 
and  also  that  he  do  execute  a  conveyance  of  the 
school  lot  and  buildings  at  the  Northwest  corner 
of  George  and  Meeting  Streets,  in  the  City  of 
Charleston,  to  the  said  trustees,  to  be  held  by  them 
for  the  sole  and  exclusive  use  and  benefit  of  the 
said  School. 


City   Scholarship   in    the   South 

Academy. 


Carolina   Military 


Jan. 


Five  scholarships 
established. 


How  awarded. 


Sec.  409.  That  provided  that  the  State  of  South 
Carolina  shall  appropriate  not  less  than  the  sum  of 
twenty  thousand  dollars  annually  to  the  mainte- 
nance of  the  said  Academy,  in  the  City  of  Charles- 
ton, there  shall  be  five  scholarships  created  and 
maintained  by  the  City  Council  of  Charleston  at  the 
said  Academy  for  four  years  from  the  date  of  the 
ratification  of  this  ordinance,  at  a  total  cost  of  fif- 
teen hundred  dollars  a  year,  provided  Council  shall 
each  of  said  four  years  appropriate  the  sai.d  sum  for 
each  of  said  years  that  the  State  shall  appropriate  as 
aforesaid  not  less  than  the  said  sum  of  $20,000  per 
annum. 

Sec.  410.  That  these  scholarships  shall  be 
awarded  to  bona  fide  residents  of  the  City  of 
Charleston  only,  upon  competitive  examination,  but 
no  two  shall  be  given  to  residents  of  the  same  ward, 
except  upon  failure  of  some  ward  or  wards  to  pre- 
sent eligible  candidates,  in  which  case  the  scholar- 
ship or  scholarships  thus  vacant  shall  be  given  to  the 
candidate  or  candidates  of  some  other  ward  or 
wards  making  the  highest  second  grades  at  the  ex- 
amination. 

Sec.  411.     That  the  said  five    (5)    scholarships 


SCHOLARSHIPS   IX    SOUTH   CAROLINA   MILITARY   ACADEMY. 


167 


To  whom  appli- 
cation must  be 
made. 


shall  be  given  only  to  applicants  whose  parents  or 
guardians  can  make  affidavits  to  the  fact  that 
neither  they,  nor  the  applicants  in  their  own  right, 
have  the  means  to  pay  for  further  education. 

Sec.  412.  All  applications  for  scholarships  shall 
be  made  to  the  board  of  commissioners  of  the  city 
schools,  who  will  grant  warrants  to  those  deemed 
eligible  to  appear  before  the  examining  board. 

Sec.  413.     That  the  said  examining  board  shall      i-ixamining 

.      ,  .  ,  J.      .  .  ,  ,  Board,    how    con- 

consist  01  the  superintendent  01  the  city  schools,  as  stituted. 
chairman,  the  principal  of  the  Charleston  High 
School,  and  the  respective  principals  of  the  Crafts, 
Bennett  and  Courtenay  city  schools.  This  board 
will  examine  the  applicants  for  the  scholarships  to 
determine  the  award.  At  the  conclusion  of  the  ex- 
amination the  chairman  of  the  examining  board 
will  report  to  the  Mayor,  through  the  board  of 
commissioners  of  the  city  schools,  the  names  of  the 
successful  candidates,  giving  the  respective  city 
ward  to  which  they  belong. 

Sec.  414.  Upon  the  receipt  of  this  report  the 
Mayor  is  authorized,  in  the  name  of  the  city,  to  en- 
ter the  successful  candidates  as  cadets  in  the  State 
Military  Academy,  according  to  the  rules  of  that  in- 
stitution, and  within  ten  days  after  the  beginning 
of  each  quarter  of  the  year  he  will  issue  his  warrant 
upon  the  city  treasurer  to  pay  to  the  superintendent 
of  said  Military  Academy  the  fourth  part  of  the 
aforesaid  amount  of  fifteen  hundred  dollars 
($1,500),  provided  Council  shall  each  of  said  years 
appropriate  the  said  sum. 

Sec.  415.  That  besides  said  ward  residence,  can-  Requirements, 
didates  for  these  scholarships  must  be  or  have  been 
pupils  at  one  of  the  city  schools,  must  be  between 
15  and  20  years  of  age,  not  less  than  five  feet  in 
height,  and  of  fair  moral  character.  They  must 
also  be  able  to  pass  satisfactory  examinations  on 
subjects    required    for   entrance    into    the    Military 


168 


CHAIN   GANG. 


Academy,  namely,  arithmetic  (completed),  de- 
scriptive geography,  history  of  the  United  States, 
English  grammar,  and  to  write  with  facility  and 
correctness  from  dictation. 


CHAPTER  X. 


Chain     Gaug- 


-Policc    Force — Fire 
Fire  A  la  nil. 


Department- 


Chain   Gang. 


June  16,  1892.  Sec.  416.     That  at  the  first  regular  meeting  in 

June,    1904,  and  every  second  year  thereafter,  the 

City  Council  shall  elect  a  board  consisting  of  two 

Aldermen  and  three  citizens,   who  shall  constitute 

Commissioners   ^   Board  of   Commissioncrs,    for  the  management, 

to  be  elected. 

custody  and  care  of  convicts  sentenced  by  the  courts 
or  by  the  municipal  authorities,  to  hard  labor  on 
the  public  streets,  squares,  alleys  and  lanes  of  the 
City  of  Charletson ;  which  board  shall  have  the 
management  of  all  funds  appropriated  for  the 
same.  The  members  of  the  said  board  shall  hold 
office  for  the  full  term  as  hereinabove  prescribed  and 
until  their  successors  shall  have  been  elected. 

Sec.  417.  That  the  said  Board  shall  have  power 
to  make  all  such  rules  and  regulations  as  in  their 
judgment  may  be  necessary  for  their  own  govern- 
ment and  for  the  custody  and  care  of  the  said  con- 
victs :  Provided,  however,  That  the  said  rules,  so 
far  as  the  working  of  the  convicts  is  concerned, 
shall  not  conflict  \vith  the  laws  of  the  State,  or  with 
any  of  the  rights,  powers  and  duties  of  the  Superin- 
tendent of  Streets  and  of  the  Committee  on  Streets 
as  defined  and  fixed  by  existing  City  Ordinances, 
or  Ordinances  which  may  be  hereafter  enacted ;  and 


Powers    of    the 
Board. 


CHAIN   GANG.  -j^g^ 

Provided,  further.  That  such  rules  and  regulations 
shall  be  approved  by  City  Council. 

Sec.  418.  The  Commissioners  shall  hold  a  regu-  Meetings, 
lar  meeting  of  the  Board  at  least  once  a  month,  and 
such  special  meetings  as  they  may  deem  necessary. 
A  majority  of  the  Board  shall  constitute  a  quorum.  Quorum. 
At  the  meeting  for  organization,  or  as  soon  there- 
after as  the  Board  shall  deem  proper,  and  at  the 
first  regular  meeting  in  January  of  each  succeeding 
year,    the   Board   shall   elect   a   superintendent   and      Elect  a  Super- 

^  ,  .  f.  ,,  -  tendent       and 

nve  guardsmen,  it  so  many  be  deemed  necessary,  to  guards, 
constitute  the  g^ard  for  said  convicts,  and  from 
time  to  time  shall  fill  all  vacancies  in  the  said  guard 
by  election  after  ten  days"  notice  of  the  same :  Pro- 
vided,  however.  That  all  elections  by  the  said  Board 
shall  be  reported  to  City  Council  at  its  next  meeting 
thereafter  for  confirmation  or  rejection. 

The  Board  of  Commissioners  shall  at  any  time      Power   to   dis- 

,  ,         .  , .         .  ,         „  miss    for    miscon- 

have  the  power  and  authority  to  dismiss  the  Super-  duct. 

intendent  or  any  of  the  guards  for  misconduct  in 

office,    incompetence,    inability    to    perform    his    or 

their  duties,  or  for  any  other  cause  whatsoever,  and 

the  party  or  parties  so  dismissed  shall  be  paid  for 

the  actual  time  of  their  service  at  the  annual  rate 

provided  for  in  this  sub-division. 

Sec.  419.     The  salaries  and  pay  of  the  said  guard 

for  convicts  shall  be  as  follows : 

To  the  superintendent,  nine  hundred  dollars  per      Salary    of  Su- 
perintendent. 

annum. 

To  the  guards,  each  six  hundred  dollars  per  an-      Pay  of  Guards. 
num. 

The  salaries  and  pay  aforesaid  shall  be  paid 
monthly  by  the  City  Treasurer  out  of  the  appropria- 
tion made  by  the  City  Council  for  that  purpose. 

Sec.  420.     The  duties  of  the  superintendent  and     Duties  of  same. 
the  privates  of  the  guard  shall  be  fixed  and  defined 
by  the  Board  of  Commissioners.     They  shall  obey 
all  the  rules  and  regulations  of  the  Board. 


170 


POLICE    FORCE. 


Powers. 


Board  to  report 
to  Council. 


The  superintendent  and  each  member  of  the 
guard  is  hereby  vested  with  all  powers  and  au- 
thority of  a  policeman  of  the  City  of  Charleston. 

The  Superintendent  shall  enforce  obedience  to  all 
rules  and  regulations  for  the  government  of  the 
guard,  as  well  as  for  the  custody,  care  and  manage- 
ment of  the  convicts,  and  shall  make  a  monthly  re- 
port to  the  Board  of  Commissioners.  He  shall  give 
bond  in  the  sum  of  one  thousand  dollars,  with  two 
good  sureties  to  be  approved  by  the  Board  of  Com- 
missioners, for  the  diligent  and  faithful  perform- 
ance of  the  duties  of  his  office. 

Sec.  421.  The  Board  of  Commissioners  shall, 
on  or  before  the  first  day  of  January  of  each  year, 
make  a  report  to  the  City  Council  of  the  condition 
of  the  guard,  of  the  convicts,  of  the  amount  of  ex- 
penditure and  of  the  amount  and  character  of  work 
done  by  the  convicts  during  the  year. 


Police  Force. 


Dec.   31,    1887. 
Nov.    II,   igo2. 

Composition 
force. 


of 


Dec.   9,   1902. 

Salaries 
pay. 


and 


Sec.  422.  The  police  force  of  the  City  of 
Charleston  shall  be  composed  as  follows :  A  Cap- 
tain or  Chief  of  Police,  one  first  lieutenant,  one 
second  lieutenant,  one  third  lieutenant,  two  orderly 
sergeants,  eight  duty  sergeants,  eighty-five  privates 
or  regular  policemen,  four  detectives,  if  so  many  be 
necessary,  one  of  whom  shall  be  known  as  chief  of 
detectives,  three  special  detectives,  if  the  same  be 
necessary,  four  doorkeepers,  five  drivers,  if  so  many 
be  necessary,  and  two  daymen. 

Sec.  423.  The  salaries  and  pay  of  the  police 
force  shall  be  as  follows : 

To  the  captain,  $1,800  per  annum;  to  the  first 
lieutenant,  $1,200  per  annum;  to  the  second  and 
third  lieutenants,  each  $1,080  per  annum;  to  the 
orderly  sergeants,  each  $780  per  annum ;  to  the 
duty    sergeants,    each    $720    per    annum ;    to    the 


POLICE    FORCE.  ]^7]^ 

privates,  each  $660  per  annum ;  to  the  chief  of  de- 
tectives, $900  per  annum ;  to  each  of  the  other  three 
detectives,  $720  per  annum ;  and  to  each  of  the 
three  special  detectives,  $600  per  annum ;  to  the 
doorkeepers,  each  $480  per  annum ;  to  the  drivers, 
each  $360  per  annum ;  to  the  daymen,  each  $360  per 
annum. 

The  salaries  and  pay  aforesaid  shall  be  paid  by 
the  City  Treasurer  semi-monthly  to  each  person  en- 
titled thereto,  subject  to  such  deductions  as  shall  be 
made  to  satisfy  fines  imposed  on  any  member  of  the      Fines, 
police  force  by  way  of  discipline  or  punishment. 

That  in  addition  to  the  salaries  hereinbefore  pre-      f'^s  .to    chief 

^  and       Lieutenants 

scribed  for  the  Chief  of  Police  and  the  three  Lieu-  for  horse  feed, 
tenants,  there  shall  be  paid  to  each  of  them  the  sum 
of  $125   per  annum   for  the    feed   and   keep   of  a 
horse. 

That,  in  case  of  need,  the  Mayor  be  authorized      Mayor    to    ap- 

^  .  .    ,      ,  .  .  .  ,     point    special    de- 

to  appomt  a  special  detective  for  service  connected  tective  for  Assess- 

•■i      .,  A  1        ,  ,  ,  or's   Department. 

With  the  Assessor  s  department. 

Sec.  424.     The  Mayor  shall,  on  the  second  Tues-      officers,    how 

J  •        T  •  ■       J.      ^^        r-i   ■    £    appointed. 

day  in  January,  in  every  year,  nominate  the  Chief 
and  Lieutenants  of  the  Police  Force,  who  shall  be 
confirmed  by  Council. 

Sec.    42=;.      All   appointments   on   or   discharo^es     Appointments 

.  ^        .  ...       ^_       and  dismissals. 

from  the  Police  l^orce  of  non-commissioned  offi- 
cers or  privates  shall  be  made  by  the  Chief  of 
Police  subject  to  the  approval  of  the  Mayor,  and 
the  Mayor  and  Chief  shall  make  all  the  rules  and  . 
regulations  for  the  government  of  the  Police  Force, 
subject  to  the  approval,  alteration  and  revision  of 
the  City  Council. 

Sec.  426.     The  commissioned  officers  shall  hold      T^™   of  office 

'  and   punishment. 

their  offices  for  the  term  of  one  year  from  the  date 
of  their  appointment.  They  may  be  suspended  by 
the  Mayor  for  cause,  which  suspension  shall  be 
forthwith  reported  to  City  Council  and  be  subject 
to  their  action.      For  disobedience,   misconduct  or 


172 


POLICE   FORCE. 


Officers   to   give 
bonds. 


Special  police- 
men and  pay  of 
same. 


Individuals  may 
have  special  po- 
lice appointed. 


Powers  and  du- 
ties. 


Dec.   9,   1902. 

No       policemen 
entitled  to  fines. 


violation  of  the  rules  of  the  Police  Force,  commis- 
sioned officers  shall  be  tried  by  the  City  Council, 
and  be  subject  to  be  removed  or  recei\^  such  other 
punishment  as  may  be  fixed  by  a  majority  of  the 
City  Council  present  at  such  trial. 

Sec.  427.  Before  entering  upon  the  duties  of 
their  offices,  the  Chief  of  Police  shall  give  bond  in 
the  sum  of  two  thousand  dollars,  and  the  Lieu- 
tenants, each,  in  the  sum  of  one  thousand  dollars, 
with  sufficient  sureties,  to  be  approved  by  the  City 
Council,  for  the  faithful  performance  of  the  duties 
of  their  respective  offices. 

Sec.  428.  The  Mayor  may,  upon  any  emergency 
or  apprehension  of  mob,  tumult  or  riot,  appoint  as 
many  special  policemen  as  he  may  deem  necessary ; 
such  special  policemen  shall  be  paid  not  more  than 
two  dollars  per  day  for  their  services  while  ac- 
tually employed. 

Sec.  429.  Any  individual,  firm  or  corporation 
needing  special  policemen  may,  upon  application  to 
the  Mayor,  have  proper  persons  appointed ;  such 
special  policemen  and  the  policemen  so  appointed 
shall  be  subject  to  the  orders  of  the  Chief  of  Police, 
and  shall  obey  the  rules  and  regulations  for  the  gov- 
ernment of  the  police  force,  and  conform  to  its  gen- 
eral discipline  and  such  special  regulations  as  shall 
be  made,  and  shall  wear  such  badge  as  may  be  pre- 
scribed, and  shall  during  such  appointment  possess 
all  the  powers  of  a  regular  policeman,  but  shall  re- 
ceive no  pay  whatever  from  the  City  .  The  person 
so  appointed  may  be  removed  at  any  time  by  the 
Mayor. 

Sec.  430.  No  officer  or  private  of  the  police 
force  shall  be  entitled  to  any  portion  of  the  fines 
imposed  for  the  violation  of  city  ordinances,  but 
the  whole  thereof  shall  be  paid  to  the  City  Treas- 
urer. But  the  fines  imposed  upon  the  members  of 
the  police  force  for  divers  delinquencies  and  all  de- 


POLICE    FORCE. 


173 


ductions  for  lost  time  shall  be  set  apart  and  form  a 
special  pension  fund  and  be  placed  to  the  credit  of 
th€  Commissioners  of  the  Police  Relief  and  Pen-      poHcc      Relief 

.and  Pension  Fund 

sion  Fund.  And  of  the  amounts  placed  to  the  established, 
credit  of  the  said  Commissioners  of  the  Police  Re- 
lief and  Pension  Fund,  two-thirds  of  the  same  shall 
be  carried  for,  as  and  to  the  principal  of  the  said 
fund,  and  the  remaining  one-third,  together  with 
the  interest  accruing  on  the  principal  in  any  one 
year,  may  be  used  by  the  said  commission  for  the 
support  in  whole  or  in  part  of  the  aged  and  decrepit 
representatives  of  the  police  department,  who,  dur- 
ing their  connection  therewith,  have  rendered  faith- 
ful service  and  never  have  been  discharged  for 
cause,  and  for  members  of  the  police  department 
who  have  been  disabled  in  the  discharge  of  their 
duty. 

The  said  commission,  at  the  end  of  every  fiscal 
year,  shall  cause  to  be  carried  to  the  principal  of 
said  fund  whatever  amount  there  remains  of  said 
hereinbefore  specified  one-third  and  the  interest  on 
the  fund  that  has  not  been  expended  and  is  in  ex- 
cess of  the  sum  of  five  hundred  ($500)  dollars. 

It  shall  be  the  duty  of  the  said  Commissioners  of  j  ^  invest 
the  said  Police  Relief  and  Pension  Fund  to  invest  ^""''■^• 
said  funds  in  State  or  Municipal  bonds,  or  certifi- 
cates of  indebtedness,  or  to  allow  said  funds  to  re- 
main in  the  City  Treasury,  and  while  so  remaining 
said  fund  shall  be  credited  with  interest  thereon, 
at  the  rate  received  by  the  city  for  the  public  funds 
deposited  in  the  designated  depository  of  the  funds 
of  the  city. 

The  Police  Relief  and  Pension  Fund  Commission  ^ow  composed, 
shall  consist  of  the  Mayor  (ex-ofiicio)  and  two 
citizens  to  be  elected  by  the  City  Council  at  the 
second  meeting  in  January,  1903,  one  for  a  term 
of  two  years,  and  one  for  a  term  of  three  years,  and 
at  the  second  meeting  in  January,  1905,  and  in 
everv  vear  thereafter,   shall  be  elected  one  citizen 


174 


POLICE    FORCE. 


To  make  rules 
to  be  approved 
by  Council. 


Make    report. 


Chief    to    make 
quarterly    reports. 


Persons  engag- 
ed in  mercantile 
business  to  put 
up  sign  boards. 


Penalty   for  de- 
fault. 


Not  to  apply  to 
special   partners. 


as  a  Commissioner  of  the  Police  Relief  and  Pension 
Fund  for  a  term  of  two  years. 

Said  commissioners  shall  have  power  to  make 
such  rules  and  regulations  as  they  deem  best,  pro- 
vided the  same  shall  not  conflict  with  the  City  Or- 
dinances, and  provided  further  that  such  rules  and 
regulations  shall  be  approved  by  City  Council,  and 
said  commissioners  also  shall  at  the  second  meeting 
in  January  of  each  year  present  to  City  Council  a 
full,  detailed  statement  of  their  receipts  and  expen- 
ditures, together  with  the  amount  of  the  principal 
of  said  fund. 

Sec.  431.  The  Chief  of  Police  shall  make  on  or 
before  the  first  day  of  January,  April,  July  and  Octo- 
ber in  each  year,  a  report  to  the  City  Council  of 
Charleston  of  the  condition  of  the  police  force,  and 
the  amount  of  expenditures  of  the  same. 

Sec.  432.  Every  person  keeping  a  shop  or  store, 
or  engaged  in  mercantile  business  within  the  city  of 
Charleston,  shall  post  up  and  keep  posted  up,  in 
some  conspicuous  place,  at  his  or  her  business 
stand  and  stands,  a  proper  and  conspicuous  sign 
board  or  plate,  containing  his  or  her  given  name 
and  surname ;  and  in  case  of  a  partnership  the  given 
name  and  surname  of  each  member  of  the  firm. 
And  every  person  offending  or  making  default  here- 
in shall  be  subject  to  a  penalty  of  fifty  dollars  or 
imprisonment  in  jail  not  exceeding  thirty  days  for 
each  and  every  offence  or  default ;  and,  in  addition 
thereto,  a  further  sum  of  fifty  dollars  for  each  and 
every  month  during  which  the  provisions  of  this  or- 
dinance shall  remain  not  complied  with ;  provided, 
however,  that  nothing  herein  contained  shall  apply 
to  the  special  partners  of  a  limited  partnership. 

Sec.  433.  It  shall  not  be  lawful  for  any  person 
or  persons  to  draw  off,  take  or  remove  any  lamp  oil, 
paint  or  other  oil,  from  any  cask,  jar,  hogshead, 
barrel   or  vessel  containing  the  same,   .standing  or 


POLICE    FORCE. 


175 


being  upon  the  pavement  or  sidewalk  of  any  street, 
lane  or  alley  within  the  city ;  and  any  person  or  per- 
sons offending  against  this  section  shall  be  liable  to 
a  penalty  of  twenty  dollars,  one-half  thereof  for  the 
use  of  the  informer,  and  the  other  moiety  for  the 
city,  and  failure  to  pay  said  penalty  shall  subject 
such  i)erson  to  imprisonment  not  exceeding  ten 
days. 

Sec.  434.  It  shall  be  the  duty  of  the  Police  De- 
partment to  arrest  any  person  who  may  be  found 
digging  up  the  streets  or  sidewalks  for  any  pur- 
pose without  the  written  permit  of  the  Superinten- 
dent of  Streets,  approved  by  the  Mayor. 

Sec.  435.  It  shall  not  be  lawful  to  or  for  any 
person  or  persons  to  make  use  of  any  foot  pavement 
for  the  purpose  of  rolling  any  barrels  or  wheel-bar- 
rows, or  of  driving  any  cart  or  dray,  or  carts  or 
drays,  or  riding  or  leading,  or  hitching  any  horse, 
or  horses,  upon  the  same.  Every  person  herein 
offending  shall,  for  each  and  every  such  offence,  be 
fined  in  the  sum  of  five  dollars  or  be  liable  to  im- 
prisonment not  exceeding  five  days. 

Sec.  436.  Every  person  who  shall  wilfully  take 
up  or  carry  away,  or  cut,  or  otherwise  injure  any 
post  or  posts,  which  have  been  or  may  hereafter  be 
put  along  the  edge  of  any  foot  pavement,  shall  be 
liable  to  a  penalty  of  fifteen  dollars,  or  -  imprison- 
ment not  exceeding  five  days,  for  each  and  every 
post  so  taken  up,  carried  way,  cut  or  injured. 

Sec.  437.  That  three  or  more  persons  shall  not 
stand  in  a  group  or  near  to  each  other,  on  any  side- 
walk, or  in  any  street  or  public  thoroughfare,  in 
such  a  manner  as  to  obstruct  a  free  passage  for 
foot  passengers,  after  a  request  or  order  to  move  on 
made  by  a«y  officer  or  private  of  the  police  force : 
Provided,  That  in  times  of  public  danger,  existing 
or  threatened,  it  shall  be  the  duty  of  the  police  force 
to  keep  the  streets  clear  of  all  gatherings,  and  no 


Police  to  arrest. 


Barrels  not  to 
be  rolled  uDon 
foot   pavements. 


Penalty  for  car- 
rying away  or  in- 
juring any  post. 


May   25,    1880. 

Unlaw  ful  to 
stand  on  streets 
so  as  to  obstruct 
same. 


176 


POLICE    FORCE. 


Penalty. 


Nov.   20,   1806. 

Awnings,     sign- 
boards,  etc. 


Balconies. 


Penalty. 


Sept.    25,    1849. 

Not  lawful  to 
erect  wooden 
posts  or  frames 
for  awnings. 


Not  lawful  to 
keep  up  any  awn- 
ings  after   sunset. 


citizen  shall  be  allowed  to  remain  standing  on  the 
streets  after  a  request  to  move  on  has  been  made 
by  any  officer  or  private  of  the  police  force.  That 
any  person  or  persons  who  may  be  convicted,  by 
any  court  of  competent  jurisdiction  of  violating 
any  of  the  provisions  of  this  section  shall  be  subject 
to  a  fine  of  not  more  than  one  hundred  dollars,  or 
imprisonment  not  exceeding  thirty  days. 

Sec.  438.  No  cloth  awning  shall  be  put  in  such 
a  manner  as  to  obstruct  foot  passengers ;  and  no 
sign  board  shall  be  erected  otherwise  than  nine  feet 
from  the  surface  of  the  ground  or  foot  pavement ; 
and  not  more  than  one  wooden  balcony  shall  be  af- 
fixed to  any  house  or  building  in  front  of  any  street, 
lane,  alley  or  open  court ;  and  every  such  balcony 
shall  be  above  the  first  story  of  such  house  or  build- 
ing, and  shall  be  uncovered  or  open  at  the  top,  and 
firmly  supported  by  sleepers,  fixed  in  the  walls  of 
the  house  or  building  to  which  it  is  attached,  and 
shall  not  extend  more  than  four  feet  beyond  the 
same,  under  a  penalty  of  twenty  dollars  for  each 
and  every  day  while  any  such  awning,  signboard  or 
balcony,  fixed  or  formed  otherwise  than  is  herein 
directed,  shall  so  remain,  or  by  imprisonment  not 
exceeding  ten  days  for  each  and  every  offence. 

Sec.  439.  It  shall  not  be  lawful  to  erect  or  put 
up  wooden  frames  or  wooden  posts,  for  awnings, 
in  any  of  the  streets,  lanes  or  alleys  of  this  city ;  and 
any  person  or  persons  offending  herein  shall  be 
subject  to  a  penalty  not  exceeding  forty  dollars,  or 
imprisonment  not  exceeding  ten  days,  for  each  and 
every  offence. 

Sec.  440.  It  shall  not  be  lawful  for  any  person 
or  persons  to  fix  or  keep  up,  open,  and  unfurled, 
any  awning  of  canvas,  linen,  or  other  cloth,  in  any 
of  the  streets,  lanes  or  alleys  of  this  city,  at  any 
time  or  times  between  the  going  down  of  the  sun 
and  the  rising  of  the  same ;  and  any  person  or  per- 


POLICE    FORCE. 


177 


sons  offending-  herein  shall  forfeit  and  pay  the  sum 
of  ten  dollars,  or  five  days  imprisonment  in  jail,  for 
each  and  every  offence. 

Sec.  441.     No  person  shall,  for  the  purpose  of  Nov.  20,  1806. 
exposing  any  goods,  commodities,  or  other  articles      no    stand    for 
for   sale,    place   or   cause   to   be   placed,    any   such  f  ^  w  e  d  ^Tn  ^  file 
goods,    commodities   or   other   articles    whatsoever,  ^f^ets. 
on  any  table,  bench,  stall-board,  box,  or  other  ap- 
pendage,    in     any     street,     lane,     alley     or     public 
thoroughfare,  or  on  any  foot  pavement  within  the 
city,  under  a  penalty  of  twenty  dollars,  or  imprison- 
ment not  exceeding  ten  days,  for  each  and  every  of- 
fence, and  for  each  and  every  night  or  day,  as  the 
case  may  be,  on  which  any  such  offence  is  commit- 
ted:  Provided,  hozvever.  That  auctioneers  and  ven-      Auctioneers 

may     expose     be- 

due  masters  shall   be  permitted  to   expose,   before  fore  their  stores 

.  goods    to    be    sold 

their  stores,  such  goods  and  commodities  as  they  at  auction, 
sell   at   public   auction ;   but   not   to   take   up   more 
room   than    the    front    of   their    respective    vendue 
stores,  and  to  the  distance  of  six  feet  beyond  the 
same. 

Sec.  442.     That  his  Honor  the  Mayor  be,  and  Dec.  18,  1894. 
hereby  is,  empowered  to  appoint  three  special  detec-      special     detec- 

,  -P,^.  T  1  •  tives    for    Dispen- 

tives,  to  be  known  as  Dispensary  Law  detectives,  sary  Law. 
who  shall  constitute  a  part  of  the  City  Police  force, 
but  who  shall  not  be  required  to  appear  in  uniform, 
whose  chief  duty  it  shall  be  to  keep  a  constant  look- 
out for  violations  of  the  State  Dispensary  Law,  and 
to  report  to  the  Chief  of  Police  all  offenders  de- 
tected in  making  such  violations,  and  in  general  to 
enforce  the  provisions  of  the  said  law.  That  said 
detectives  shall  receive  the  same  pay  as  do  the 
privates  on  the  police  force. 

Sec.  443.     That  it  shall  be  the  duty  of  the  entire     g^ti^e  force  to 
police   force  of  the   City  to  co-operate   with   such  cooperate. 
special  detectives  in  the  rigid  enforcement  of  the 
Dispensary  Law. 

Sec.  444.     Any  person  or  persons  who  may  be 
12 


178 


FIRE  MASTERS  AND  COMPANIES. 


Oct.    22,    182I. 

Penalty  for  as- 
saulting the  po- 
lice. 


guilty  of  assaulting  the  police  in  the  performance 
of  their  duty,  shall  be  fined  not  less  than  twenty 
dollars  or  more  than  one  hundred  dollars,  or  shall 
suffer  such  imprisonment  not  more  than  thirty  days, 
as  the  Judge  or  the  Court  trying  the  case  may  deem 


Firc-Mostcrs  and  Companies. 


Number 
gines. 


Dec.  22,  1896.  Sec,  a  AC.     That  a  board  of  seven  fire  commis- 

Oct.   17,  1 88 1.  .  ^^^1 

Nov.  30,  1881.        sioners,  to  consist  of  the  Mayor  and  six  citizens,  ap- 
Composition   of    poiutcd  by  him  and  confirmed  by  City  Council  shall 

Board.  .  -^  -^  ^ 

constitute  the  board  of  firemasters  of  the  City  of 
Term  of  office.  Charleston,  and  shall  hold  their  office  for  a  term  of 
four  years  from  the  first  day  of  January  next  fol- 
lowing the  date  of  their  confirmation. 
of  en-  That  the  fire  department  of  the  City  of  Charles- 
ton shall  consist  of  such  and  as  many  engines,  hook 
and  ladder  trucks,  reels,  wagons,  horses,  hose  and 
other  appliances  as  the  fire  commissioners,  with  the 
consent  of  the  City  Council,  and  the  approval  of 
the  Mayor,  may  from  time  to  time  determine. 

Dec.  22,  1896.  Sec.  446.     The  force  of  the  fire  department  shall 

Officers.  be  composed  as  follows :     One  chief,  one  assistant 

chief,  seven  engineers,  seven  assistant  engineers, 
one  tillerman,  one  assistant  tillerman.  one  lineman, 
one  battery  man.  twenty-five  drivers  and  helpers, 
eight  foremen,  forty-seven  callmen  and  one  super- 
intendent of  horses.  The  entire  force,  except  fore- 
men, callmen  and  superintendent  of  horses,  shall 
be  deemed  the  permanent  force  of  the  fire  depart- 
ment, devoting  their  entire  time  to  the  duties  re- 
quired of  them.  The  foremen,  callmen  and  superin- 
tendent of  horses  shall  perform  such  duties  as  may 
be  required  and  prescribed  by  the  board  of  fire- 
masters. 
Officers      and        Sec.  447.     That  cach  steam  fire  engine  shall  have 

men    or  eac    en-    ^|^^    following    Complement    of    officers    and    men : 


FIRE  MASTERS  AND  COMPANIES. 


179 


One  engineer,  one  assistant  engineer,  one  foreman, 
two  drivers,  one  helper,  and  six  callmen,  and  shall 
have  three  horses. 

Sec.  448.     That  each  truck  shall  have  one  tiller-  ^^.^f^.^^'"^       ^°'' 
man,  one  assistant  tillerman,  one  driver,  one  fore- 
man, one  helper  and  seven  callmen,  and  shall  have 
two  horses. 

Sec.    449.      The    following   annual    salaries    are  June  9,  1903. 
hereby  established  :  Salaries. 

The  salaries  and  pay  of  the  force  of  the  fire  de- 
partment shall  be  as  follows  from  and  after  January 
I.  1897: 

One  Chief,  salary  and  keep  of  horse,  per 

annum    $   1,625  00 

One  asistant  chief,  $1,200  per  annum 1,200  00 

Seven  engineers,  each  $900  per  annum...  6,300  00 
Seven  assistant  engineers,  each  $600  per 

annum   4,200  00 

One  tillerman,  $600  per  annum 600  00 

One  assistant  tillerman,  $425  per  annum  425  00 

One  batteryman,  $480  per  annum 480  00 

One  line  man,  $420  per  annum 420  00 

Twenty-five    drivers    and    helpers,    each 

$414  per  annum  10,350  00 

Eight  foremen,  each  $255  per  annum 2,040  00 

Forty-seven  callmen,  each  $235  per  an- 
num    11,04^  00 

One  superintendent  of  horses,  $300  per 

annum  300  00 


$38,985  00 
Sec.  450.     That  the  government  of  the  Fire  De-      ib.,  s  e. 


partment  being  vested  in  the  Board  of  Fire  Masters,     Government    of 
they  shall  have  power  and  authority  to  make  such  in^Bo™rd"*  "^^^^ 
rules  and  regulations  as  they  may  deem  necessary 
for  the  good  government  of  the  said  Department : 


180 


FIRE   MASTERS   AND   COMPANIES. 


Term    of    office 
of  employees. 


lb.,   §   7- 


Engineers 
be    examined. 


t  o 


lb.,  §  8. 
Dec.   22,    1896. 


Annual 

meet- 

ing. 

Election 

of  ofli- 

cers. 

lb.,   § 

9- 

Apparatus  o  f 
Fire  Department 
to  have  ridht  of 
way. 


Provided,  All  such  rules  and  regulations  are  ap- 
proved of  by  the  City  Council,  who  may  confirm, 
alter  and  amend,  or  annul  the  same ;  and  they  shall, 
with  the  approval  of  the  City  Council,  locate  the 
stations  of  engines,  reserve  engines,  reels,  trucks, 
and  fuel  wagons ;  and  shall  elect  all  the  officers  and 
men  hereinbefore  designated,  after  ten  days  pub- 
lic notice  of  said  election,  the  result  of  which  said 
election  shall  be  reported  to  and  confirmed  by  the 
City  Council  at  their  next  regular  meeting  there- 
after. That  the  persons  so  elected  to  manage  the 
said  engines,  trucks,  &c.,  shall  hold  their  several 
offices  during  good  behavior,  subject  to  the  rules 
and  regulations  of  the  Fire  Masters,  made  for  the 
discipline  and  the  efficiency  of  the  Department. 

Sec.  451.  That  the  Board  of  Fire  Masters  shall 
direct  every  applicant  for  the  position  of  engineer 
of  any  company  in  the  Fire  Department,  to  stand 
an  examination  before  a  Board  of  experienced  engi- 
neers— not  employed  in  the  paid  service  of  the 
Fire  Department — said  Board  to  be  elected  or  ap- 
pointed by  the  Board  of  Fire  Masters,  and  the  fee, 
if  any,  for  such  examination,  to  be  paid  by  the  ap- 
plicant. 

Sec.  452.  The  annual  meeting  of  the  said  board 
of  Fire  Masters  shall  be  held  on  the  first  Monday  in 
January,  in  each  and  every  year,  at  which  meeting 
they  shall  elect  the  chief  and  assistant  chief  and  re- 
port the  result  of  such  election  to  the  City  Council 
for  confirmation. 

Sec.  453.  The  apparatus  of  the  Fire  Department 
shall  have  the  right  of  way  in  and  upon  the  streets, 
lanes,  alleys,  squares,  railroad  crossings  and  wharves 
of  the  City,  in  going  to  any  fire,  or  being  upon  such 
streets,  lanes,  alleys,  squares  or  wharves  in  pursu- 
ance of  an  alarm  of  fire.  No  persons  shall  obstruct 
or  neglect  to  make  way  for  any  of  such  apparatus 
being  thus  in  or  upon  any  of  said  streets,  lanes,  al- 


FIRE  MASTERS  AND  COMPANIES. 


181 


leys,  squares,  or  wharves,  under  a  penalty  for  every 
offence  of  not  less  than  five  dollars,  or  more  than 
twenty-five  dollars,  or  to  an  imprisonment  of  not 
more  than  thirty  days :  Provided,  alzvays,  That 
such  apparatus  in  going  to  a  fire  shall  not  proceed 
faster  than  a  trot,  and  in  returning  from  a  fire,  shall 
not  proceed  faster  than  a  walk. 

Sec.  454.  That  it  shall  not  be  lawful  for  any 
person  or  persons  whomsoever  to  ride  or  drive  a 
vehicle  through  the  streets  or  lanes  in  which  the 
fire  department  are  assembled  for  the  purpose  of 
extinguishing  a  fire ;  and  should  any  person  or  per- 
sons attempt  to  ride  or  drive  a  vehicle  through  the 
streets  and  lanes  in  which  the  fire  department  are 
assembled  for  the  purpose  aforesaid,  he  or  they  shall 
be  subject  to  a  penalty  not  exceeding  fifty  dollars 
for  every  offence  so  committed,  to  be  recovered  in 
any  court  having  competent  jurisdiction,  or  im- 
prisonment  not  exceeding  thirty   days. 

Sec.  455.  The  Board  of  Fire  Masters  shall  have 
power  to  make  such  rules  and  appoint  such  com- 
mittees for  the  convenience  of  their  own  govern- 
ment as  shall  to  them  seem  expedient :  Provided, 
same  do  not  conflict  with  any  Ordinance  or  regula- 
tion of  Council. 

Sec.  456.  The  Chief,  Assistant  Chief,  Clerk, 
Superintendent  of  Fire  xA-larm,  engineers  and  fore- 
men of  companies,  shall  not  leave  the  City  without 
the  consent,  in  writing,  previously  obtained  from 
the  Chairman  of  the  Board  of  Fire  Masters,  under 
pain  of  forfeiting  their  ofiice ;  and  after  such  for- 
feiture the  Board  shall  proceed  forthwith  to  fill  the 
vacancy. 

Sec.  457.  The  Board  of  Fire  Masters  shall  have 
power  to  fine,  suspend,  or  dismiss  any  of  the  offi- 
cers or  men  who  shall  have  been  elected  by  the  said 
Board,  for  any  violation  of  the  rules  of  the  Depart- 
ment, after  a  full  and  impartial  hearing  and  trial 


Penalty. 


lb.,   §    10. 


Not  lawful  to 
drive  in  the 
streets  where  de- 
partment are  as- 
sembled. 


Penalty. 


lb.,  §   II. 


Board    to    make 
rules. 


lb.,    §    12. 


Officers    not    to 
leave  the  City. 


lb.,    §    14. 


Board  to  fine 
or  suspend  em- 
ployees for  viola- 
tion   of   rules. 


182 


FIRE  MASTERS  AND  COMPANIES. 


lb.,    §    15- 

No  person  al- 
lowed within  line 
of  operations  at 
fire. 


lb.,  §    i6. 

Board    and    offi- 
cers  to   have   con 
trol   of   fires. 


Penalty. 


lb.,  §  17. 

Directions       for 
shutting    off    gas. 


lb.,  §   18. 

Penalty 
shutting     off 
without    order. 


for 
gas 


shall  have  been  given  to  such  officers  or  men  by 
the  said  Board,  at  a  meeting  to  be  called  for  that 
purpose. 

Sec.  458.  As  far  as  may  be  practicable,  no  per- 
son whatever,  not  connected  with  the  Fire  Depart- 
ment, Police  Force,  or  Underwriters'  agents,  shall 
be  allowed  to  remain  within  the  line  of  operations 
unless  actually  employed;  and  for  this  purpose  a 
cordon  shall  be  drawn  around  the  fire,  within  which 
no  person  shall  enter  unless  his  services  be  re- 
quired. 

Sec.  459.  All  the  operations  at  a  fire  shall  be 
considered  as  under  the  direction  and  control  of 
the  Fire  Masters,  and  the  officers  of  the  fire  de- 
partment; and  any  person  who  shall  oppose,  inter- 
fere with  or  refuse  to  obey  their  directions  or  any 
of  the  regulations  herein  prescribed,  or  which  may 
hereafter  be  prescribed  by  the  Board  of  Fire 
Masters,  with  the  consent  of  the  City  Council,  shall 
be  liable  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars,  or  imprisonment  not  ex- 
ceeding thirty  days ;  and  any  person  in  any  way  in- 
terfering with  the  Fire  Masters  or  the  Fire  Depart- 
ment may  be  arrested  and  removed  beyond  the  line 
of  operations,  or  committed,  as  the  case  may  be. 

Sec.  460.  Whenever  a  fire  occurs  within  the 
City  of  Charleston,  it  shall  be  the  duty  of  the  Chief 
of  the  Fire  Department,  or  any  of  his  Assistants 
who  may  be  on  duty  at  such  fire,  to  give  directions 
for  shutting  off  gas  from  any  house  on  fire,  or  about 
to  take  fire;  and  no  person  other  than  the  occupant 
of  the  house,  shall  shut  off  the  gas,  except  by  the 
express  order  of  such  Chief  or  Assistants. 

Sec.  461.  Before  any  such  order  shall  be  given, 
full  and  sufficient  notice  shall  be  given  to  the  in- 
mates of  the  house,  to  enable  them  to  make  such  ar- 
rangements as  the  urgency  of  circumstances  will 
permit.    Any  person  who  shall  shut  off  the  gas  from 


J 


FIRE  MASTERS  AND  COMPANIES. 

a  house  on  fire,  or  in  the  neighborhood  of  a  fire, 
without  the  order  of  the  Chief  of  the  Fire  Depart- 
ment, or  one  of  his  Assistants,  or  of  the  occupant 
of  the  premises,  shall  be  liable  to  a  penalty  of  one 
thousand  dollars,  to  be  recovered  in  any  court  of 
competent  jurisdiction.  Should  the  Chief  of  the 
Fire  Department,  or  either  of  his  Assistants,  order 
the  gas  to  be  shut  off  from  any  house  not  actually 
on  fire,  without  first  giving  full  notice  of  such  or- 
der to  the  inmates  of  the  house,  and  in  time  for 
them  to  make  such  preparation  and  arrangements 
as  circumstances  will  admit,  he  or  they  shall  be  sub- 
ject to  a  penalty  of  one  hundred  dollars,  to  be  re- 
covered in  any  court  of  competent  jurisdiction. 

Sec.  462.     In  the  event  of  a  vessel  or  vessels  en-        ib.,  s  19. 


183 


tering  the  Port  of  Charleston  on  fire,  or  vessel  or      Board    author- 

,  ,   .  ^         .         ,  .-.,,,     ized     to     contract 

vessels  takmg  nre  m  the  stream  atter  havmg  hauled      for  putting  out 

out  from  the  wharf  or  wharves,  the  Fire  Masters  are 

empowered  to  negotiate  for  the  service  of  the  Fire 

Department  in  extinguishing  said  fires ;  and  all  such 

funds   so   obtained   shall   be   appropriated    in   such 

manner  as  may  be  determined  by  the  Board  of  Fire 

Masters. 

Sec.  463.     It  shall  not  be  lawful  for  any  person         ib.,  s  20. 


or  persons  to  put  lumber,  bricks  or  other  materials      Unlawful      to 

,  ,.  -ii         1  1         r  1        obstruct      fire 

on  or  111  the  immediate  neighborhood  of  any  pub-  weiis,      hydrants, 
lie  fire-well  or  hydrant,  so  as  to  obstruct  the  ap- 
proach thereto,  or  the  working  of  the  fire  engines 
or  trucks,  or  in  front  of  any  engine  or  truck  house, 
whereby  the  free  ingress  and  egress  of  the  engine  or 
truck  may  be  prevented ;  and  any  person  offending 
herein  shall  be  liable  to  a  penalty  of  not  less  than  Penalty. 
fifty,  nor  more  than  one  hundred  dollars,  or  to  an 
imprisonment  of  not  more  than  thirty  days ;   and 
in   addition   thereto   twenty    dollars    for   each    day 
such  obstruction  shall  be  allowed  to  remain  after 
notice  shall  have  been  given  to  remove  the  same. 
Sec.  464.     It  shall  not  be  lawful  for  any  person 


184 


FIRE  MASTERS  AND  COMPANIES. 


Unlawful  t  o 
run  wires  so  near 
fire  alarm  wires  as 
t  o  affect  their 
working. 


Unlawful 
t  i  e      horses 
poles. 

Penalty. 


to 
t  o 


Police 
port. 


t  o     re- 


lb.,   §   21. 

Board  mav  pro- 
hibit use  of  pub- 
lic wells. 


lb.,    §    22. 

Chief  to  en- 
quire into  origin 
of  fires  and  re- 
port  to   Council. 


or  company  to  run  any  telegraph,  telephone,  electric 
or  other  wire,  so  near  the  fire  alarm  telegraph  wires 
as  to  affect  their  perfect  working,  or  place  obstruc- 
tions of  any  kind  or  nature  whatsoever  about  or 
near  the  poles  or  wares  of  the  said  fire  alarm  tel- 
graph,  or  to  tie  any  horse  or  horses  to  said  poles, 
under  a  penalty  of  not  more  than  one  hundred  dol- 
lars for  each  and  very  offence,  or  to  an  imprison- 
ment not  exceeding  thirty  days,  in  the  discretion  of 
the  court  trying  the  case.  It  shall  be  the  duty  of  the 
police  to  report  to  the  Superintendent  of  the  Fire 
Alarm  any  accident  to  or  impediment  in  the  line  of 
said  fire  alarm  telegraph ;  and  it  shall  be  the  duty 
of  any  police  officer  or  person  giving  an  alarm  of 
fire  to  remain  at  the  box  from  which  the  alarm  is 
given  to  locate  the  fire  for  the  Department. 

Sec.  465.  It  shall  and  may  be  lawful  for  the 
Board  of  Fire-Masters,  from  time  time,  to  restrain, 
or  to  prohibit  entirely,  the  use  of  any  of  the  public 
wells  in  any  part  of  the  City,  whenever,  in  their 
judgment,  the  public  good  shall  require  such  re- 
straint or  prohibition ;  and  any  person  who  shall 
violate  any  order  of  the  said  Board  of  Fire-Masters, 
in  relation  to  the  public  wells,  after  notice  given 
personally  in  writing,  or  duly  published  in  one  of  the 
City  newspapers,  shall  be  subject  to  a  penalty  of  ten 
dollars  for  every  such  offence,  or  to  an  imprison- 
ment of  not  less  than  ten  days. 

Sec.  466.  It  shall  be  the  duty  of  the  Chief  of  the 
Fire  Department  to  inquire  into  the  origin  of  every 
fire  that  occurs  in  the  City  of  Charleston,  and  to 
keep  a  record  of  the  same  in  proper  books  for  that 
purpose ;  and  he  is  hereby  authorized  and  empow- 
ered to  summon,  through  the  Chief  of  Police,  and 
examine  such  persons  as  witnesses,  as  he  may  think 
proper.  He  shall  report  to  the  City  Council  the 
cause  and  locality  of  all  fires,  the  amount  and  char- 
acter of  property  destroyed,  and  the  amount  of  in- 


FIRE  MASTERS  AND  COMPANIES. 

surance  thereon.  And  in  all  cases  where  the  cir- 
cumstances indicate  that  the  fire  is  the  act  of  an  in- 
cendiary, he  shall  take  the  necessary  steps  to  bring 
the  offender  to  punishment. 

Sec.  467.   If  any  person  shall  make,  cause  to  be        ^'^' 


185 


made,  or  have  in  his  possession,  an  impression  or  ,  Duplicate   keys 

i  '  ^  to      alarm      boxes 

duplicate  of  any  signal  box  key,  without  the  express  prohibited, 
permission  of  the  Superintendent  of  the  Fire  Alarm, 
such  person  shall,  upon  conviction  thereof,  before 
any  court  of  competent  jurisdiction,  be  fined  in 
any  sum  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  at  the  discretion  of  the  Court, 
with  costs  of  prosecution.  It  shall  be  unlawful  for 
any  person  to  give,  or  cause  to  be  given,  a  false 
alarm,  with  intent  to  deceive,  or  to  pull  the  slide  of 
any  station  or  signal  box,  except  in  case  of  fire;  or 
to  tamper,  meddle  or  interfere  in  any  way  with  said 
boxes,  or  any  part  thereof;  or  to  cut,  break,  injure, 
deface  or  remove  any  of  the  said  boxes,  or  any  of  the 
wires  or  supports  thereof,  connected  with  any  part 
of  said  Fire  Alarm ;  or  to  make  any  connection  or 
communication  therewith,  so  as  to  interrupt  or  inter- 
fere with  the  proper  working  of  the  same,  or  with 
evil  intent  to  injure,  break  or  destroy  any  machinery 
or  fixtures  connected  with  it.  Any  person  guilty  of 
a  violation  of  any  of  the  provisions  of  this  Section 
shall,  upon  conviction  thereof  before  anv  Court  of 
competent  jurisdiction,  be  fined  in  a  sum  not  less 
than  twenty-five  dollars,  nor  exceeding  two  hundred 
and  fifty  dollars,  or  by  imprisonment,  at  the  discre- 
tion of  the  Court. 

Sec.  468.  The  Chief  of  the  Fire  Department  shall  May  12.  1892. 
have  signs  painted  and  pladed  over  each  alarm  box,      signs     to     be 

.  .  placed     at     alarm 

Stating  where  the  key  of  the  same  may  be  found;  boxes. 
and  the  said  Chief  shall  make  an  annual  inspection 
and  see  that  the  keys  are  in  their  proper  places. 

Sec.  469.     In  addition  to  the  Fire  Commissioners         ^^■'  ^  ^- 
heretofore  provided  to  be  appointed  as  Fire-Masters,  be^s^"''"''   "'^'"" 


186 


FIRE    ESCAPES. 


there  may  be  appointed  for  a  like  term,  by  the 
Mayor,  at  the  request  of  the  Board  of  Fire  Under- 
writers in  the  City  of  Charleston,  two  members,  who 
shall  be  known  as  "Advisory  Members  of  said 
Board."  They  shall  be  entitled  to  seats  at  all  meet- 
ings of  said  Board,  and  participate  in  their  deliber- 
ations, but  shall  not  be  entitled  to  vote. 
Salvage  corps.  Sec.  470.     That  the  Salvagc  Corps  and  its  out- 

fit, maintained  and  kept  by  the  Board  of  Fire  Un- 
derwriters of  the  City  of  Charleston,  shall  be,  and 
is  hereby  recognized  as  a  part  of  the  Fire  Depart- 
ment of  the  City  of  Charleston,  and  shall  be  subject 
to  the  Ordinances,  Rules  and  Regulations  governing 
the  said  Department,  and  shall  be  entitled  to  all  the 
rights  and  privileges  of  said  Department  and  shall 
have  authority  to  enter  any  building  on  fire,  or  en- 
dangered by  fire  or  water,  for  the  protection  of 
goods,  or  the  removal  of  the  same,  but  shall  receive 
no  pay  from  the  City. 

Fire  Escapes. 


March  25,  1884. 

Fire  escapes  to 
be  provided  in 
buildings  where 
operatives  are  em- 
ployed in  stories 
above  the  first 
story. 


Chief  and  As- 
sistant Chiefs  of 
Fire  Department 
to  inspect. 


Sec.  471.  Any  building  already  erected,  or 
which  may  hereafter  be  erected  in  the  City  of 
Charleston,  in  which  operatives  are  employed  in  any 
of  the  stories  above  the  first  story,  shall  be  provided 
with  such  fire  escapes  as  shall  be  approved  by  the 
Chief  and  Assistant  Chiefs  of  the  Fire  Department, 
and  the  Clerk  of  the  Board  of  Fire-Masters  ;  and  the 
owner  or  owners  of  any  building  upon  which  any 
fire  escapes  may  now  be  or  may  hereafter  be  erected, 
shall  keep  the  same  in  good  repair,  and  no  person 
shall,  at  any  time,  place  any  incumbrance  of  any 
kind  whatever  upon  any  said  fire  escapes  now  erected 
or  that  may  hereafter  be  erected  in  said  City. 

Sec.  472.  It  shall  be  the  duty  of  the  Chief  and 
Assistant  Chiefs  of  the  Fire  Department,  and  the 
Clerk  of  the  Board  of  Fire-Masters,  to  inspect  all 


FIRE    ESCAPES. 


187 


What       buildings, 
must  have  fire  es- 
capes. 


dwelling-houses  now  erected  in  the  City  of  Charles- 
ton, occupied  by  two  or  more  families,  on  any  of  the 
floors  above  the  first  floor  from  the  level  of  the 
street,  and  any  building  now  erected,  occupied  or 
used  as  a  school  house,  theatre  or  other  place  of 
amusement,  hotel,  boarding  or  lodging  house,  fac- 
tory, mill  or  manufactory,  or  for  offices  or  work- 
shops in  which  persons  are  employed  in  any  of  the 
stories  above  the  first  story,  and,  if  in  their  opinion, 
such  building  is  not  provided  with  proper  facilities 
for  the  escape  of  such  persons  in  case  of  fire,  they 
shall  immediately  serve  a  notice  in  waiting  upon  the 
owner  or  owners,  agent,  or  other  party  or  parties 
having  an  interest  in  said  building,  requiring  such 
facilities  to  be  provided  without  delay. 

Sec.  473.     If  any  person  or  persons  so  notified      Proceedinsts 

.  ,..,..  where   parties,   af- 

shall  refuse  or  neglect  to  provide  such  facilities  to  ter  notice,  neg- 
the  satisfaction  of  said  Chief  and  Assistant  Chiefs  fire  escapes, 
of  the  Fire  Department,  and  the  Clerk  of  the  Board 
of  Fire  Masters,  within  such  time  as  they  may  de- 
signate, then  a  careful  survey  of  the  premises  named 
in  said  notice  shall  be  made  by  three  disinterested 
persons,  one  to  be  appointed  by  the  said  officers,  one 
by  the  owner  or  interested  party,  and  the  third  chosen 
by  these  two,  and  the  report  of  such  survey  shall  be 
reduced  to  writing,  and  a  copy  served  upon  the 
owner  or  other  interested  party,  and  if  said  owner 
or  other  interested  party  refuse  or  neglect  to  appoint 
a  member  of  said  Board  of  Survey,  then  the  survey  Survey, 
shall  be  made  by  the  Chairman  of  the  Board  of 
Fire-Masters,  and  the  Chief  of  the  Fire  Depart- 
ment, and  in  case  of  disagreement,  they  shall  choose 
a  third  person. 

Sec.  474.  If  the  report  of  such  survey  shall 
require  the  furnishing  of  the  facilities  as  aforesaid, 
the  requisite  changes  or  alterations  in  the  building 
shall  be  particularly  described,  and  a  copy  thereof 
served  upon  the  owner  or  owners,  agent,  or  other 


Notice 
given. 


to      be 


188 


MARKET. 


Penalty. 


Outlets 
buildings. 


from 


Penalty. 


parties  having  an  interest  in  said  building,  notifying 
such  person  to  have  such  changes  and  alterations 
made  within  a  certain  time  therein  to  be  fixed. 

Sec.  475.  If  the  owner  or  other  interested  party 
shall  refuse  or  neglect,  after  such  notification,  to 
furnish  the  facilities  therein  required  and  set  forth, 
said  owner  or  other  interested  party  shall  pay  the 
sum  of  fifty  dollars  for  every  day's  continuance  of 
said  refusal  or  neglect. 

Sec.  476.  It  shall  be  the  duty  of  the  said  Chief 
and  Assistant  Chiefs  of  the  Fire  Department,  and 
the  Clerk  of  the  Board  of  Fire-Masters,  to  inspect 
all  churches,  schools  and  buildings  wherein  large 
assemblages  do  congregate,  and  recjuire  the  outlets 
to  the  same  to  be  arranged  in  such  a  manner  as  will 
most  easily  permit  the  inmates  to  escape  in  case  of 
accident  or  fire.  Any  person  failing  to  comply  with 
the  requirements  of  this  Section,  after  having  been 
notified  by  the  said  Chief  and  Assistant  Chiefs  of 
the  Fire  Department,  and  the  Clerk  of  the  Board  of 
Fire-Masters,  shall  pay  a  fine  of  fifty  dollars  for 
every  day  after  the  expiration  of  the  time  within 
which  such  alteration  may  be  required  to  be  made 
by  said  officers. 


CHAPTER  XL 


Market. 


May  6,  1807,    %i. 
Dec.  8,  1891. 


July   9,    1901. 


Sec.  477.  The  Commissioners  of  the  Market 
shall  have  the  power  and  authority  to  make,  or  cause 
to  be  made,  all  such  appendages  and  improvements 
in  Market  Street  as  to  the  Commissioners,  or  a 
majority  of  them,  may  appear  proper  and  conducive 
to  the  best  interests  thereof,  and  the  City  of  Charles- 
ton. Provided,  however,  that  all  expenses  attend- 
ant on,  or  incident  to  the  building,  appendages  and 


MARKET. 


189 


Stall  Rents. 


Oct.  19,  1835,  §  I. 


improvements  aforesaid,  as  well  as  all  costs  of  keep- 
ing- the  same  in  proper  order  and  repair,  shall  be 
solely  and  entirely  defrayed  out  of  the  yearly  appro- 
priation. 

Sec.  478.  All  stalls  shall  be  let  out  or  hired  by  May  6, 1807, 
the  Commissioners;  and  every  person  to  whom  the 
use  of  a  stall  or  stalls  shall  be  granted,  shall  pay  to 
the  Clerk  of  the  Market  a  monthly  rent  of  four 
dollars  for  each  stall ;  and  shall  forfeit  all  right 
and  title  thereto,  on  failing  or  neglecting  to  pay 
such  rent  on  or  before  the  fifth  day  of  every  month. 
Provided,  hozvever,  That  the  Commissioners  of  the 
Market  shall  be  authorized,  with  the  approbation  of 
the  City  Council,  to  alter  the  amount  of  stall  rents, 
and  the  time  of  payment,  giving  to  the  parties  con- 
cerned one  month's  previous  notice  of  any  such  al- 
teration. 

Sec.  479.     No  person  shall  be  allowed  to  sell  any 
meat,   vegetables,   provisions,   or  any  other  article      No    person   ai- 

,  ,  ,  -  ,     ,  ,  lowed    to    sell    in 

m  the  market,  except  a  lessee  01  one  01  the  market  the  market  except 
stalls,  or  a  person  in  the  employment  of  a  lessee,  stall. 
unless  such  person  shall  have  previously  applied  to 
the  Clerk  of  the  Market  and  obtained  the  permission 
in  writing  of  the  Weekly  Committee  of  the  Commis- 
sioners of  the  Market.  And  if  any  article  shall 
hereafter  be  brought  into  the  public  market,  and 
offered  for  sale  without  such  permission  first  ob- 
tained, or  in  any  other  respect  contrary  to  the  City 
Ordinances,  or  the  rules  and  regulations  of  the 
market,  the  same  shall  be  liable  to  be  seized  by  the 
direction  of  any  of  the  Commissioners ;  and  to  effect 
such  seizure  the  Commissioners  are  authorized  to 
require  the  services  of  the  Clerk  of  the  Market,  or 
police  officers  of  the  City,  and  the  article  or  articles 
so  seized  shall  be  disposed  of  in  the  same  manner  as 
is  provided  in  other  cases  of  seizure  in  the  public 
market. 

Sec.  480.     The  Commissioners  of  the  Market  are 


190 


MARKET. 


lb.,    S   2. 


Com  missioners 
may  vacate  the 
lease  of  any  stall. 


lb..   §   3- 


Mode  of  enforc- 
ing   payment. 


lb.,  §  5. 


Butchers 
to   transfer 


not 

stalls. 


Proviso. 


hereby  authorized,  when  they  deem  the  same  neces- 
sary, to  vacate  and  determine  the  lease  or  hiring  of 
any  of  the  staHs  of  the  pubhc  market.  And  when- 
ever the  said  Commissioners  shah  see  fit  to  declare 
any  stall  vacant,  and  to  determine  the  lease  thereof, 
notice  in  writing  shall  be  given  by  the  Clerk  of  the 
Market  to  the  person  hiring  or  leasing  said  stall, 
either  personally  or  by  affixing  said  notice  to  the 
said  stall,  and  thereupon  the  right  or  authority  of 
such  person  or  persons  to  use  or  occupy  such  stall 
shall  instantly  cease ;  and  if  such  person  or  persons, 
after  such  notice,  shall  attempt  to  sell,  or  offer  for 
sale  at  said  stall  any  article  or  articles  whatever,  the 
same  shall  be  liable  to  be  seized  and  forfeited  by  the 
direction  of  three  of  the  Commissioners  aforesaid ; 
and  each  person  so  offending  shall,  moreover,  be 
liable  to  the  penalty  of  twenty  dollars,  or  imprison- 
ment not  exceeding  ten  days. 

Sec.  481.  When  any  person  or  persons  hiring  or 
leasing  a  stall  in  the  market  shall  fail  to  pay  the 
rent  due  for  the  occupation  thereof,  the  Clerk  of  the 
Market  shall  be  authorized,  with  the  consent  of  a 
majority  of  the  Commissioners,  to  seize  upon  any 
article  offered  for  sale  at  such  stall,  and  sell  the 
same,  the  proceeds  to  be  applied  to  the  payment  of 
the  rent  due. 

Sec.  482.  No  butcher  or  other  person  shall  have 
a  right  to  dispose  of,  or  to  transfer,  his  or  her  stall 
or  stalls  to  another  butcher,  or  any  other  person 
whomsoever ;  but  the  Commissioners  of  the  Mar- 
ket shall  have  full  power  and  authority  to  grant, 
according  to  their  discretion,  the  use  and  possession 
of  every  stall,  on  its  becoming  vacant,  by  the  for- 
feiture or  expulsion  of  the  former  holder,  or  by  his 
retirement  from  the  trade  of  a  butcher.  Provided, 
hoivever.  That  nothing  herein  contained  shall  ex- 
tend, or  be  construed  to  extend,  to  exclude  the 
widow,   or  child,    or  children   of   the   holder   of   a 


MARKET. 


191 


stall,  upon  his  decease,  from  the  further  use  and 
possession  thereof,  whilst  she,  or  they,  or  either  of 
them,  do  bona  fide  continue  to  carry  on  the  butcher's 
business.  And,  provided,  also,  That  an  additional 
and  adjoining  stall  may  be  granted  by  the  Commis- 
sioners of  the  Market,  or  by  a  majority  of  them, 
to  a  butcher  whose  business  may  require  more  than 
a  single  stall,  if  it  can  be  done  without  debarring  at 
the  same  time  another  applicant,  who  is  desirous  of 
pursuing  the  trade  of  a  butcher,  and  who,  being 
without  a  stall,  cannot  be  otherwise  accommodated 
by  a  vacant  stall  in  the  market. 

Sec.  483.  The  Commissioners  of  the  Market, 
when  granting  the  use  and  possession  of  a  butcher's 
stall,  shall  give  to  the  grantee  thereof  a  certificate, 
countersigned  by  the  Clerk  of  the  Market,  which 
certificate  shall  specify  the  number  or  other  descrip- 
tion of  the  stall,  and  the  terms  of  its  tenure.  And 
if  any  person  shall  use  or  occupy  a  stall,  or  part  of 
a  stall  in  the  market,  without  having  previously 
obtained  a  certificate,  or  shall  occupy  a  stall,  or  part 
of  a  stall,  other  than  specified  in  the  certificate,  he  or 
she  shall  be  subject  to  a  fine  not  exceeding  ten  dollars 
for  each  and  every  such  offence,  or  imprisonment 
not  exceeding  ten  days. 

Sec.  484.  No  fresh  beef,  pork,  veal,  mutton, 
lamb,  or  other  meat,  shall  be  cut  up  and  exposed  for 
sale  at  any  place  within  the  city,  other  than  the 
public  market,  or  green  grocer  shops,  where  sale 
thereof  shall  be  permitted  by  the  City  Council,  under 
a  penalty  of  ten  dollars  for  each  and  every  such 
offence,  or  imprisonment  not  exceeding  ten  days, 
and  all  parties  selling,  or  offering  for  sale,  fresh 
meats,  other  than  from  the  public  market,  or  from 
green  grocers'  shops,  shall  be  subject  to  the  provis- 
ions and  penalties  prescribed  in  this  Section. 

Sec.  485.  No  bullock,  ox,  cow,  or  other  grown 
neat  cattle  intended  for  sale,  shall  be  killed  within 


C  o  m  miss  ion  ers 
to  grant  addition- 
al stalls  to  those 
needing  more 
than    one. 


lb.,    §    6. 


Com  missioners 
to  grant  certificate 
to  h  o  1  d  e  r  s  of 
stalls. 


lb.,  §   7. 


Fresh  meats  to 
be  sold  in  market 
or  green  grocer- 
ies. 


Jan.    14,    i8qo. 


lb.,  S  8. 

Grown  cattle 
not  to  be  killed  in 
City. 


192 


MARKET. 


the  limits  of  the  City ;  and  sheep,  swine,  calves  and 
goats  intended  for  sale,  shall  not  be  killed  in  any 
part  of  the  City,  except  in  such  place  or  places  as  the 
Commissioners  of  the  Market,  or  a  majority  of 
them,  may  appoint, 
lb.,  §  9-  Sec.  486.     It  shall  not  be  lawful  to  or  for  any 


Meats,  how  to    butchcr,    or   other   person,    to   bring,    or   cause   or 

be       brought       to  -,  ,   .      ,         .  . 

City.  suiter  to   l^e   brought,   any   kmd  01   meat   mto  the 

city  on  any  Sunday  afternoon  before  6  o'clock,  from 
the  first  day  of  April  to  the  last  day  of  September; 
or  before  5  o'clock  from  the  first  day  of  October 
to  the  last  day  of  March ;  or  to  shut  up  any  sheep, 
swine,  calves  or  goats,  one  or  more,  in  any  open  pen 
attached  to  the  public  market,  in  the  city,  from  Sat- 
urday night  until  Monday  morning,  under  a  penalty 
of  ten  dollars  for  each  and  every  such  offence,  or 
imprisonment  not  exceeding  ten  days. 

July  12, 1825,  §4-  Sec.  487.  No  butcher  or  other  person  shall  use. 
Butchers      to    or  causc  Of  suffcr  to  be  used,  for  the  purpose  of 

keep     covered  .  ....  .  . 

carts,  and  to  mark    carrymg  any  kmd  01  tresh  meat,  either  to  or  irom 

them     with     num-  ,  ,  ^      ,  . 

ber  of  their  stall,  the  market,  or  through  any  part  01  the  city,  any 
wagon,  cart,  wheelbarrow,  or  other  carriage,  unless 
the  same  be  enclosed  with  a  permanent  cover,  made 
of  such  materials  as  shall  be  approved  by  a  majority 
of  the  Commissioners  of  the  Market,  and  unless  the 
number  of  the  stall  of  the  butcher,  or  other  person 
to  whom  the  same  shall  belong,  shall  be  painted  on 
some  conspicuous  part  thereof.  And  any  person 
herein  in  anywise  offending  shall  be  subject  to  a 
fine  of  ten  dollars,  or  imprisonment  not  exceeding 
ten  days. 

May  6, 1807,  §io.  Sec.  488.  No  butclicr,  or  any  other  person 
Carts  and  wag-    bringing  meat  or  provisions  of  any  kind  for  sale  to 

ons    regulated.  ,  .   ,   .  ,  .  in.  1   •  1 

the  market  within  the  city,  shall  keep  his  or  her 
wagon,  cart,  or  other  carriage,  horse  or  mule,  one  or 
more,  nearer  the  said  market,  or  for  a  longer  space 
of  time,  or  shall  range  them,  in  any  other  manner 
and  form  than  as  shall  or  may  be  regulated  by  the 


MARKET.  -j^QO 

Commissioners  thereof,  and  directed  by  the  Clerk  of 
the  same,  under  a  penalty  not  exceeding  ten  dollars 
for  each  and  every  such  offence,  or  imprisonment  not 
exceeding  ten  days. 

Sec.  489.      Every  person  to  whom  the  Commis-         ib.,  §11. 
sioners  of  the  Market  shall,  or  may  assign,  or  cause      Price  of  stand 
to  be  assigned  by  the  Clerk  thereof,  a  stand  for  the 
selling  of  \'egetables,  or  other  provisions  at  the  said 
market,  shall  pay  to  the  Clerk  fifty  cents  in  advance, 
which  payment  shall  entitle  such  person  to  the  use 
of  such  stand   for  one  week,   and  no  longer;  and 
which  payment,  in  advance,  shall  be  continued  every 
w^eek,  while  such  person  jjrings  or  sends  vegetables 
or  other  provisions  to  the  said  market  for  sale ;  but 
any  transient  person,  who  brings  only  occasionally 
vegetables  or  other  provisions  to  market,  shall  pay 
ten  cents  per  day  for  the  use  of  a  stand.  And  every 
person  coming  to  the  said  market  with  vegetables  or 
other  provisions  for  sale,  and  failing  or  neglecting 
to  make  such  payment  in  advance,  or  per  day,  as 
the  case  may  be,  shall  be  expelled  therefrom,  and 
shall  not  be  permitted  to  sell,  or  offer  for  sale,  any 
article  or  articles  whatever,  within  the  limits,  or  in 
any  part  of  the  said  market,  until  such  payment  is 
duly  made,  on  pain  of  having  every  article,  which  he 
or  she  shall  bring  to  the  said  market  for  sale,  seized 
by  the  Clerk  thereof.     Provided,  however.  That  the  of^tirMarto'aT 
Commissioners  of  the  Market  shall  be  authorized,  mrJs'kfn '  .^'^Colm- 
with  the  permission  of  the  City  Council,  to  alter  the  "';  to  alter  the 

i  -'  rates     irom     time 

foregoing  rates,  from  time  to  time,  and  every  person  t"  time, 
resorting  to  the  public  market  in  the  City,  for  the 
purpose  of  selling  \egetables  or  other  provisions, 
shall  occupy  no  other  stand  or  place  at  the  same,  than 
the  one  assigned  to  him  or  her  b}^  the  Commissioners 
or  Clerk  thereof,  under  a  penalty  of  five  dollars  for 
each  and  every  such  offence,  and  for  each  and  every 
day,  or  part  of  a  day,  on  which  such  offence  is 
committed. 
13 


194 


MARKET. 


lb.,    g    14. 


Fish  Market. 


lb.,  §  15. 
Sale   of   fish. 


Aug.  8,  1899. 

Sale  of  fish  on 
streets. 


May   6,   1807. 
Market  days. 


Market    hours. 


Penalty  for 
selling  after  mar- 
ket  hours. 


Auij.    14,    1843. 

Sale  of  articles 
on  Sunday  pro- 
hibited. 


Sec.  490.  Fresh  fish  shall  not  be  sold  at  the  fish 
market,  or  in  any  part  of  the  city,  otherwise  than 
under  such  regulations  with  regard  to  strings  or 
weight  as  may,  from  time  to  time,  be  established  by 
the  Commissioners  of  the  Market.  Any  person 
violating  this  Section,  upon  conviction,  shall  be  fined 
not  less  than  five  dollars,  or  be  imprisoned  not  less 
than  five  days. 

Sec.  491.  All  fishermen  shall  be  allowed  to  cry 
their  fish  about  the  streets  of  the  city,  if  they  have 
paid  their  monthly  dues  to  the  market,  and  have  re- 
ceived from  the  Clerk  or  Assistant  Clerk  a  printed 
badge,  which  shall  not  be  transferable,  and  which 
shall,  at  all  times,  be  exposed  to  sight.  Any  person 
violating  this  Section,  upon  conviction,  shall  be  fined 
not  less  than  five  dollars,  or  be  imprisoned  not  less 
than  five  days. 

Sec.  492.  Every  day  in  the  week  (Sunday  ex- 
cepted) shall  be,  and  hereby  is  appointed  a  public 
market  day  within  this  city,  and  the  public  market 
shall  be  held  at  such  place  or  places  as  the  City 
Council  shall,  from  time  to  time,  determine  and 
establish,  and  while  such  determination  and  estab- 
lishment shall  be  and  remain  of  force.  But  no  per- 
son or  persons  shall  sell,  or  offer  for  sale,  any  spe- 
cies of  meat  or  of  vegetables,  or  any  other  provisions 
at  the  public  market,  before  sunrise  in  the  morning- 
Cat  which  time  the  market  bell  shall  be  rung),  nor 
longer  than  1 1  o'clock  in  the  forenoon.  And  any 
and  every  person  selling,  or  offering  for  sale,  at  the 
public  market,  any  of  the  foregoing  articles  after  the 
hours  above  limited  respectively,  shall,  for  each  and 
every  such  offence,  be  subject  to  a  fine  not  exceeding 
ten,  nor  less  than  five  dollars,  or  imprisonment  not 
less  than  five  days. 

Sec.  493.  It  shall  not  be  lawful  to  sell  in  the 
public  market,  or  in  any  other  part  of  the  city,  on 
Sundav,   anv  articles   whatsoever  of   fresh   or  salt 


MARKET. 


195 


meats,  fish,  poultry,   vegetables,   fruits,  grain,  hay, 
blades  or  provisions,  and  every  person  shall,  for  each 
and  every  such  offence,  be  subject  to  a  fine  of  not  penaity. 
less  than  twenty  dollars,  or  imprisonment  not  ex- 
ceeding twenty  days. 

Sec.  494.  From  the  first  Saturday  in  June  to  Saie  of  meats 
the  first  Saturday  in  October,  the  sale  of  meats  in  the 
market  shall  close  at  1 1  o'clock  A.  M.,  on  every 
Saturday,  after  which  hour  the  said  meats  shall  be 
removed  from  the  market,  not  to  be  again  brought 
back,  and  at  5  o'clock  P.  M.  the  market  shall  again 
be  opened  for  the  sale  of  fresh  meats,  and  so  continue 
until  the  close  of  the  market,  and  every  person  who 
shall  attempt  to  sell,  or  offer  for  sale,  at  the  market 
on  any  Saturday,  between  the  months  aforesaid,  any 
article  or  articles  of  meats,  of  any  description  what- 
soever, between  the  hours  hereinbefore  specified,  or 
shall,  after  the  hour  of  5  o'clock  P.  M.,  bring  into  the 
market,  or  offer  for  sale  therein,  any  meats  which 
had  been  previously  offered  for  sale  in  the  market, 
such  articles  shall  be  liable  to  be  seized  and  forfeited.  Penalty, 
by  the  order  of  any  three  Commissioners  of  the  Mar- 
ket ;  and  each  person  herein  offending  shall,  more- 
over, be  liable  to  a  penalty  of  twenty  dollars,  or  im- 
prisonment not  exceeding  ten  days. 

Sec.  495.     No  person  or  persons  shall  bring  into  May  6,  1807. 
the  city  for  sale,  or  offer  for  sale,  or  sell  any  dis-      Saie     of     un- 

•'  f,.  .  .       .        wholesome   provis- 

eased  cattle  or  animals,  or  sell,  or  offer  for  sale  in  ions  forbidden. 
the  public  market,  or  in  any  part  of  the  city,  any  un- 
wholesome or  stale  articles  of  provisions,  or  any 
poor  carrion,  blown,  puffed  up  or  unsound  meat,  or  Penalty, 
measly  pork,  under  a  penalty  not  exceeding  fifty 
dollars,  or  imprisonment  not  exceeding  thirty  days, 
for  each  and  every  such  offence.     And  the  Commis-      Commissioners 

to     destroy     such 

sioners  of  the  Market,  and  any  two  of  them,  are  provisions. 
hereby  authorized  and  required,  on  receiving  infor- 
mation,  or  upon  their  own   view  of  any  diseased 
cattle,  meat,  or  other  article  of  provision,  of  a  bad 


196 


MARKET. 


Penalty  for  op- 
posing Commis- 
sioners. 


No       steelyards 
to  be  used. 


or  exceptionable  quality,  as  aforesaid,  to  examine 
the  same,  and,  according  to  their  discretion,  to  cause 
the  same  to  be  taken  away  and  burnt,  or  otherwise 
destroyed.  And  if  any  person  shall  twice  offend  in 
the  premises,  or  shall  oppose  or  molest  or  abuse  any 
Commissioner  of  the  Market,  or  any  Clerk  thereof, 
in  the  execution  of  his  duty,  every  such  person  shall 
be  expelled  from  the  market,  by  order  of  the  Com- 
missioners thereof,  or  any  three  of  them.  For  the 
purpose  of  this  Section,  the  person  in  possession  of 
diseased  cattle,  or  unwholesome  articles  of  provis- 
ions, shall  he  deemed  the  owner  thereof,  and  be 
subject  to  the  penalties  of  this  Section. 

Sec.  496.  The  Commissioners  of  the  Market 
shall  be,  and  they  are  hereby  authorized  and  required 
to  regulate  the  commissions  to  be  charged  for  selling 
meat  or  provisions  of  any  kind  in  the  public  market 
of  the  City.  And  every  person  charging  or  taking 
higher  commissions  than  such  as  are  allowed  by  the 
Commissioners,  shall  forfeit  and  pay  the  sum  of  six 
dollars  for  each  and  every  such  offence. 

Sec.  497.  No  steelyards  shall  be  used  in  the 
public  market  (this,  however,  not  to  apph^  to  the 
patent  spring  scales  with  dial  indicator,  which  may 
be  used,  with  the  consent  of  the  Commissioners  of 
the  Market),  but  all  flesh,  grain  and  other  provis- 
ions of  every  kind  sold  by  weight  or  measure,  shall 
be  respectively  weighed  by  scales  or  weights,  or 
measured  by  measures  duly  regulated,  and  stamped 
by  the  Clerk  of  Weights  and  Measures;  and  if  any 
person  shall  be  guilty  of  selling  by  steelyards,  or 
shall  be  guilty  of  using  any  unfair  trick  or  de- 
ception in  weighing  or  measuring,  or  shall  be 
guilty  of  selling  by  scales  unjustly  balanced,  or  by 
false  measurement,  nr  shall  be  guilty  of  making  use 
of  scales  and  weights  and  measures  after  they,  or 
any  or  either  thereof  have  been  declared  by  the 
Clerk  of  the  Market  as  unfit  for  use,  or  shall  be 


MARKET. 


197 


I'^alse        weights 
forfeited. 


Clerk   to   decide 
on  short  weights. 


guilty  of  selling  by  scales  and  weights  or  by  meas- 
ures not  stamped  as  aforesaid,  every  such  person 
shall  for  each  and  every  offence  be  subject  to  a  fine 
of  not  less  than  twenty  dollars  or  imprisonment  not 
exceeding  twenty  days ;  and  all  false  or  unstamped 
weights  and  measures  shall,  moreover,  be  forfeited 
to  any  person  discovering  the  same,  or  to  the  Clerk 
of  the  Market ;  and  every  person  being  guilty  of  any 
such  offence  twice  in  one  year  shall  be  expelled  from 
the  public  market  of  the  City,  in  the  manner  specified 
in  the  four  hundred  and  ninety-fifth  section  of  this 
Ordinance.  And  wdienever  any  person  having  made 
a  purchase  in  the  market  conceives  to  have  been  un- 
justly dealt  with  in  regard  to  weight  and  measure, 
and  shall  before  quitting  the  market,  bring  to  the 
Clerk  thereof  the  article  or  articles  suspected  of  be- 
ing too  light  in  weight  or  too  short  in  measure,  it 
shall  be  the  duty  of  the  said  Clerk  to  weigh  or  meas- 
ure the  same  in  the  public  scales  or  measures,  as  the 
case  may  require,  and  to  decide  whether  and  how- 
far  the  former  weight  or  measure  was  deficient. 

Sec.  498.      Every  person  carrying  on  the  trade 

of  a  butcher  in  the  market  shall  have  at  each  and   ,  Butchers      t  o 

keep     their      own 

every  stall  hired  by  him  or  her,  his  or  her  own  scales  scales, 
and  weights,  and  be  responsible  for  the  same  -.Pro- 
vided, Jwzccz'cr,  that  when  two  butchers  occupy  a 
double  stall  one  scale  may  be  used  by  both  butchers 
jointly,  who  shall  be  jointly  and  severally  liable  in 
the  event  the  scale  or  weights  be  defective  or  con- 
trary to  Ordinance.  And  if  any  meat  is  weighed 
on  any  other  scales  than  those  belonging  to  the 
butcher  who  sells  the  same,  he  or  she  shall  be  sub 
ject  to  a  fine  of  two  dollars  for  each  and  every  such 
offence,  or  imprisonment  not  exceeding  two  days. 

Sec.  499.     No  butcher  or  other  person  shall  sell  J""e  ^q.  'Sm.  §  6 
or  offer  for  sale  in  the  market  any  meat  or  other  wHt'e''a^pron°s''^^'^ 
article  salable  at  market,  unless  the  said  person  be 
cleanly  clad ;  every  butcher  shall  have  on  and  wear 


March 


1879. 


198 


MARKET. 


Penalty. 


May  6,  1807,  §  28. 
Aug.  26,  1831,  §1. 
June   15,   1897. 

Council  to  elect 
Commissioners  of 
the  Market. 


Powers  of  Com- 
missioners. 


Meetings. 


Officers     to     be 
elected. 


To    make    regu- 
lations. 


Restrictions. 


a  clean  apron,  made  of  white  linen  or  cotton  stuff, 
or  of  osnaburg.  And  every  butcher  who  shall  neg- 
lect so  to  do  shall  be  subject  to  a  fine  of  ten  dollars 
for  every  offence,  to  be  recovered  in  the  Recorder's 
Court  for  the  use  of  the  market. 

Sec.  500.  City  Council  shall,  on  the  2d  day  of 
January.  1905,  and  every  fourth  year  thereafter, 
elect  a  Board  of  Commissioners  for  the  market,  con- 
sisting of  thirteen  members,  who  shall  serve  until 
their  successors  are  elected. 

Sec.  501.  The  Commissioners  of  the  Market 
shall  be  authorized  and  empowered  to  perform  all 
such  functions  and  to  exercise  all  such  powers  in  the 
public  market,  or  in  any  other  part  of  the  City,  as 
are  in  them  or  any  of  them  vested  by  this  Ordinance, 
according  to  the  tenor,  true  intent  and  meaning  of 
the  same.  They  shall  hold  a  Board  on  or  before  the 
seventh  day  of  every  month,  at  the  upper  room  in 
the  brick  building  of  the  Market,  and  otherwise 
meet  as  often  as  may  be  necessary.  They,  or  a  ma- 
jority of  them,  are  also  authorized  and  empowered 
to  elect  annually  a  Clerk,  who  shall  be  Chief  Clerk 
of  the  Market ;  one  Assistant  Clerk — and  a  Clerk  of 
Weights  and  Measures,  who  shall  be  a  person  having 
a  practical  knowledge  of  the  properties  of  lever  and 
balance,  and  be  charged  with  the  regulations  of 
weights  and  measures,  under  the  direction  of  the 
Commissioners  of  the  Market ;  and,  further,  to 
make  such  regulations  and  arrangements  respecting 
the  internal  management  and  other  concerns  of  the 
market,  as  to  them  may  seem  suitable  and  expedient : 
Provided,  hoivcvcr.  That  in  all  elections  they  shall 
conform  to  all  Ordinances  of  the  City  relative  to  the 
election  and  appointment  of  officers :  And,  provided, 
also.  That  none  of  their  rules  and  regulations  shall 
be  repugnant  to  any  of  the  provisions  herein  con- 
tained, or  shall,  if  not  herein  contemplated,  become 
binding  and  of  force,  unless  approved  by  Council. 


MARKET. 


199 


Sec.  502.  The  Commissioners  of  the  Market 
shall  submit  their  accounts  to  the  Cit}^  Treasurer 
and  for  the  inspection  of  Council  quarterly,  that 
is  to  say,  on  the  20th  day  of  November,  20th  day  of 
February,  20th  day  of  May  and  20th  day  of  August 
in  every  year.  All  collections  must  be  paid  over  to 
the  City  Treasurer  by  the  Chief  Clerk,  acting  as 
their  treasurer,  not  later  than  Tuesday  morning  of 
each  week,  taking  a  receipt  therefor  in  a  book  pro- 
vided for  that  purpose,  exhibiting  such  receipt  im- 
mediately after  payment  to  the  Chairman  of  the 
Board. 

Sec.  503.  No  contract  respecting  the  market  in- 
volving an  expenditure  of  more  than  one  hundred 
dollars  shall  be  entered  into  by  the  Commissioners 
of  the  Market  without  the  sanction  of  the  City 
Council  first  obtained. 

Sec.  504.  The  Commissioners  of  the  Market  are 
hereby  empowered  to  make,  from  time  to  time,  any 
further  rules,  regulations,  and  arrangements  respect- 
ing the  sale  of  fish,  flesh,  poultry,  vegetables,  or  any 
other  article  or  thing  brought  to  market  and  offered 
for  sale,  as  to  them  shall  appear  fit  and  proper,  and 
expedient  for  the  good  regulation  of  the  market ; 
and  the  said  rules,  regulations,  and  arrangements, 
when  approved  by  Council,  shall  have  the  same 
force,  operation  and  effect,  as  if  they  had  been  made 
and   directed  by  Ordinance. 

Sec.  505.  It  shall  be  the  duty  of  every  Clerk  of 
the  Market  to  enforce  obedience  to  all  the  rules  and 
regulations  of  such  market;  to  inspect  all  cattle 
yards,  and  cattle  brought  for  sale  or  offered  for 
sale  or  sold  in  the  City;  to  inspect  daily  all  meats, 
fish  and  fowl  exposed  for  sale  in  said  market  and 
prevent  all  poor  carrion,  blown  or  puffed  up  or  un- 
sound meat,  or  measly  pork,  or  other  unwholesome 
or  stale  article  of  provision,  from  being  sold  or  ex- 
posed for  sale  at  such  market  and  destrov  the  same ; 


July  9,   1901. 

C  o  m  m  issioners 
to  account  auar- 
terly. 


Balances  to  be 
paid  City  Treasu- 
rer. 


Jan.   i8,  1876,  §2. 

C  o  ni  m  issioners 
not  to  make  con- 
tracts   over    $100. 


June  20,  1814,  §2. 

Empowered  to 
make  rules  for 
sale    of    articles. 


July   9,    1901. 

Duties     of     the 
Clerk. 


200 


MARKET. 

to  decide  all  differences  and  disputes  between  buyer 
and  seller  touching  the  weight  or  measure  of  things 
bought  and  sold  at  such  market  by  weighing  the 
same  in  the  public  scales  or  measuring  the  same 
with  the  public  measures,  as  the  case  may  recjuire ;  to 
maintain  order  and  regularity  at  such  market  con- 
cerning the  occupation  of  stalls,  shambles  or 
stands  and  the  arrangement  of  wagons,  carts  or 
other  carriages  thereto  resorting;  to  cause  such 
market  to  be  cleanly  swept  every  day  after  the 
market  hours  are  over,  and  all  dirt,  filth  or  other  like 
stuff  to  be  removed  from  thence ;  to  give  immediate 
information  to  the  Commissioners  of  such  market, 
or  to  some  of  them,  of  all  irregularities  and  offences 
there  committed ;  to  prosecute  before  the  City  Court 
all  offenders  against  this  chapter  or  any  part  or 
article  thereof  if  such  offenders  refuse  or  neglect  to 
pay  him  their  respective  fines  on  demand;  to  collect 
all  moneys  arising  from  inspection  of  meat  through- 
out the  City,  the  rent  of  stalls,  shambles  and  stands, 
or  from  fines,  forfeitures  or  other  market  revenues ; 
to  keep  fair  and  regular  accounts  of  all  the  moneys 
coming  in  his  hands  as  aforesaid,  and  to  pay  over 
the  same  to  the  City  Treasurer,  and  generally  to  pur- 
sue the  instructions  and  to  execute  the  orders  of  the 
said  Commissioners,  or  any  of  them,  in  and  about 
all  matters  relative  to  his  office  or  to  the  market,  and 
the  Chief  Clerk  of  the  Market  is  hereby  given  the 
same  powers  and  is  charged  with  the  same  duties 
with  reference  to  all  green  grocers  and  all  other 
places  where  meat,  fish  and  fowl  are  sold  or  exposed 
for  sale,  as  he  is  hereby  given  and  charged  with 
respect  to  the  market,  and  for  this  purpose  shall 
make  personally,  or  by  the  assistant  clerks,  daily 
inspections  of  said  green  groceries,  cattle  yards  or 
places  where  cattle  are  kept  and  all  such  other 
places  and  shall  make  reports  of  such  inspections 
to  the  Commissioners  of  the  Market  at  their  regular 


MARKET. 


201 


meetings,   which   reports  shah   sh(3\v  the  places  in- 
spected and  the  day  and  hour  of  such  inspection. 

Sec.  506.  The  Commissioners  of  the  Market 
are  hereby  authorized  and  directed  to  collect  for  the 
use  of  the  market  from  all  green  grocers  and  all 
other  persons  selling  meat,  fish  and  fowl  at  places 
other  than  the  market,  a  tax  for  the  inspection  of 
such  articles,  which  tax  shall  be  payable  in  advance 
by  all  persons  so  engaged  in  such  business,  on  the 
first  day  of  January  of  each  year,  the  amount  of 
which  inspection  tax  shall  be  regulated  by  the  Board 
of  Market  Commissioners,  provided,  that  the  said 
tax  shall  in  no  case  be  less  than  the  rent  of  a  stall 
in  the  market  and  that  the  person  so  paying  such 
tax  shall  have  the  privilege,  if  he  desires,  of  occupy- 
ing a  stall  in  the  market.  Provided,  further,  that 
such  inspection  tax  shall  be  in  addition  to  any  charge 
made  by  the  City  of  Charleston  for  license  to  engage 
in  such  business. 

Sec.  507.  Every  Clerk  of  the  Market  hereafter 
to  be  elected,  shall  give  bond  in  the  sum  of  tw^o 
thousand  dollars,  with  two  or  more  sureties,  to  be  ap- 
proved of  by  the  Commissioners  of  the  Market,  for 
the  diligent  and  faithful  performance  of  the  duties 
of  his  ofiice.  both  by  himself  and  by  his  deputy  or 
deputies. 

Sec.  508.  Every  Clerk  of  the  Market  shall  be, 
and  is  hereby  vested  with  all  the  powers  and  author- 
ities of  a  policeman ;  and  shall,  before  he  enters  on 
the  duties  of  his  ofifice,  take  oath,  or  affirm,  in  man- 
ner and  form  following,  that  is  to  say : 

"I,  A  B,  do  solemnly  swear  (or  affirm)  that  I  will  oath  of  office, 
well  and  truly  serve  in  the  office  of  Clerk  of  the 
Market,  and  faithfully  execute  all  the  duties  belong- 
ing to  the  same,  wathout  fear,  favor,  prejudice  or 
partiality,  according  to  the  best  of  my  skill  and  abil- 
ities, and  agreeably  to  law.     So  help  me,  God." 

Sec.  509.     No  Clerk  of  the  Market  shall  hereaf- 


Ib.,   S   31- 


Clerks  to  give 
bond  with  sure- 
ties. 


lb., 


Clerks  vested 
with  the  power  of 
policemen. 


202 


MARKET. 


lb.,  §  33- 


Clerk    when    to 
employ  deputy. 


Nov.   17,  1817,  §2. 

Clerks  not  to 
keep  books  for 
persons  selling  in 
the  market. 


July   12,    1825,   §3. 

Office    hours    of 
Clerk. 


Feb.   7,   1842,   §2. 

.\ssistant  Clerks 
to  attend  market 
in  the  afternoon. 


June  20,  1814,  §1. 

Penalty  for  ob- 
structing the 
Clerks. 


ter  employ  a  deputy  or  deputies,  without  the  previous 
approbation  of  the  Commissioners  of  the  Market, 
nor  longer  than  during  such  approbation.  And  ev- 
ery deputy  shall,  before  he  enters  upon  the  duties 
of  his  employment,  take  oath,  or  affirm,  to  the  same 
effect  as  above  required  from  the  Clerks  of  the  Mar- 
ket; and  every  such  deputy  shall  thereupon  have 
power  and  authority  to  assist  the  Clerk  under  whom 
he  acts,  in  the  execution  of  his  office,  or  in  the  ab- 
sence of  such  Clerk  to  officiate  for  him  and  in  his 
stead ;  but  every  Clerk  shall  always  be  responsible 
for  the  conduct  of  his  deputy  or  deputies. 

Sec.  510.  Neither  the  Clerk  or  Assistant  Clerk 
of  the  Market  shall  be  permitted,  within  the  market 
hours,  to  keep  the  books,  or  collect  the  moneys  due 
any  butcher  or  butchers,  or  other  person  or  persons, 
on  account  of  the  sale  of  meat,  poultry,  grain,  or 
vegetables,  which  have  been  vended  in  the  market, 
under  the  pain  of  forfeiting  his  place  for  said  of- 
fence. 

Sec.  511.  The  Clerk  of  the  Market,  and  the 
.Assistant  Clerk  shall  be  subject  to  the  duties  of  their 
offices  at  all  hours  of  day,  from  sunrise  to  sunset. 

Sec.  512.  It  shall  be  the  duty  of  the  Assistant 
Clerk  of  the  Market  to  attend  the  market  daily,  in 
the  afternoon,  within  such  hours  as  the  Commission- 
ers shall  regulate;  and  to  collect  the  dues  from  the 
fishermen  on  all  fish  that  may  be  landed  at  such 
time;  and  they  shall  also  attend  to  the  cleaning  of 
the  market,  and  have  charge  of  the  hands  who  are 
employed  by  the  Commissioners  of  the  Market. 

Sec.  513.  If  any  person  shall  molest  or  obstruct 
the  Clerk  or  Assistant  Clerk  of  the  Market  in  the 
performance  of  his  or  their  duty,  the  person  so  of- 
fending shall  be  subject  to  a  fine  of  ten  dollars ;  to 
be  applied  to  the  use  of  the  market,  or  imprisonment 
not  less  than  ten  days. 

Sec.  514.     If  any  person  or  persons  shall  assault. 


MARKET. 


203 


Penalty. 


or  Strike,  or  in  any  manner    or  way  oppose,  molest,   juiy  12,  1825,  §6. 
abuse,  maltreat,  or  obstruct  a  butcher  or  butchers,      Unlawful      to 
or  other  persons   regularly  authorized  to  sell   and  struct  a  butcher, 
dispose  of  beef  or  other  meat,  fish,  vegetables,  or 
other  provisions  in  the  market,  so  as  to  interrupt  him 
in  the  pursuit  of  his  business ;  or  shall  seize,  take 
and  carry  by  force,  or  injure  or  destroy  the  beef  or 
other  meat,  fish,  vegetables,  or  other  provisions  of 
the  butcher  or  butchers,  or  other  person  or  persons 
in  the  said  market,  or  otherwise  deprive  them,  or 
any  of  them,  of  the  same,  without  authority  from 
the   Commissioners   or   the   Clerk   of   the    Market; 
shall  disturb  or  interrupt  the  said  butcher  or  butchers 
or  other  person  or  persons  in  the  use  and  occupation 
of  the  stall  or  stalls,  stand  or  stands,  or  other  place 
or  places  rented,  assigned,  or  allowed  to  them,  or* 
any  of  them,  he,  she.  or  they,  so  offending  shall  sep- 
arately for  each  offense  be  subject  to  a  fine  not  ex- 
ceeding  twenty   dollars,    or   imprisonment   not   ex- 
ceeding ten  days. 

Sec.  515.  Should  such  person  or  persons,  so  as 
above  offending,  be  a  butcher  or  butchers,  or  other- 
wise authorized  to  sell  or  dispose  of  beef  or  other 
meat,  fish,  vegetables,  or  other  provisions  in  the 
said  market,  he,  she,  or  they,  in  addition  to  the  pen- 
alties above  declared,  shall,  at  the  discretion  of  the 
said  Commissioners,  or  a  majority  of  them,  forfeit 
and  be  deprived  of  his,  her,  or  their  stall  or  stalls, 
stand,  or  stands,  or  other  place  or  places,  rented, 
assigned,  or  otherwise  allowed  to  them  in  the  said 
market,  and  be  utterly  expelled  therefrom  for  a 
time  not  exceeding  twelve  months.  And  should  such 
person  or  persons  so  expelled  presume  to  sell  or  expe^ued'^shaii  °at^ 
dispose  of  any  articles  whatever  in  the  said  market  ^^'"p*  *°  ^^"• 
without  the  consent  thereto  of  the  Commissioners 
being  first  had,  he,  she  or  they  shall  be  subject  to 
such  penalties  as  are  directed  by  this  chapter,  and 
the  rules  and  regulations  of  the  market  against  per- 


Ib.,  §7. 


Penalty 
a  butcher. 


if     by 


204 


MARKET. 


May  6,  1807,  §34. 
July   9,    1901. 

Kecovery  and 
disposition  o  f 
fines. 


Oct.  19,  183s,  §4. 

Police      to      at- 
tend in  market. 


Aug.  2,  i8s9,  §2. 

No  butcher-pen 
to  be  erected 
south  o  f  Line 
Street. 


Penalty    for    so 
doing. 


June   23,    1857,    §3. 

C  o  m  m  issioners 
of  Market  author- 
ized to  establish  a 
market     for     sale 
of  cattle,   &c. 


lb.,  §4. 
Oct.  27,  1885. 

Duty  of  Clerk 
of  Weights  and 
Measures  as  pub- 
lic weigher. 


sons   selling'  therein   without  the  certificate  of  the 
Commissioners. 

Sec.  516.  All  fines  for  offences  and  for  any  of- 
fence against  this  chapter,  or  any  part  or  article 
thereof,  shall  be  sued  for  and  recovered,  with  costs, 
in  any  Court  of  competent  jurisdiction,  unless  paid 
on  demand,  as  aforesaid,  and  all  such  fines  as  are  not 
expressly  herein  reserved  for  and  declared  to  be 
payable  to  the  use  of  the  city  -.Provided,  however, 
that  one-half  of  every  fine  when  recovered  shall  be- 
long to  such  person  as  shall  prosecute  the  offender 
to  effect  and  prove  the  offence  by  other  testimony 
than  his  own. 

Sec.    517.     For   the   preservation   of   order   and 

quiet  in  the  public  market,  a  detachment  of  the  police 

'  shall  be  detailed  to  attend  in  said  market,  under  the 

direction    of    the    Commissioners    or    their    Clerks, 

whenever  they  are  open  at  night. 

Sec.  518.  No  new  butcher-pen,  or  slaughter- 
house shall  be  established  or  used  within  the  limits 
of  the  City,  below  or  south  of  Line  Street,  under 
a  penalty  of  one  hundred  dollars,  for  each  and  every 
day  that  such  butcher-pen  or  slaughter-house  shall 
be  used  for  the  purpose  of  slaughtering  cattle,  hogs, 
sheep  or  calves. 

Sec.  519.  The  Commissioners  of  the  Market  are 
hereby  authorized  to  make  the  necessary  provisions 
for  the  establishment  of  a  public  market  place  for  the 
sale  of  such  neat  cattle,  calves,  hogs,  sheep  and 
goats  as  may  be  driven  to  it,  and  to  make  rules  and 
regulations  for  the  proper  management  of  the  same ; 
and  to  establish  at  the  said  market  place  a  suitable 
scale  for  the  weighing  in  gross  of  all  cattle,  sheep, 
calves,  hogs,  and  goats,  that  may  be  sold  at  or  within 
said  public  market  place. 

Sec.  520.  It  shall  be  the  duty  of  the  Clerk  of 
W^eights  and  Measures  to  make  an  entry  in  the 
proper  record  book  of  all  stock  sold  at  the  public 


MARKET. 

market  place,  entering  the  names  of  buyer  and  seller, 
the  gross  weight  of  cattle  and  other  stock,  the  prices 
paid  and  to  give  a  certificate  of  the  same  to  both 
parties  if  desired.  On  each  Saturday  of  the  week 
the  Clerk  of  Weights  and  Measures  shall  give  to  the 
Chief  Clerk  of  the  Market  a  report  of  the  stock  sold 
and  prices  paid  during  the  week ;  which  report  shall 
be  published  in  the  daily  papers.  The  Clerk  of 
Weights  and  Measures,  at  any  of  the  public  scales, 
may  weigh  sheep,  calves,  goats  and  swine,  when 
desired  by  buyer  and  seller,  and  report  the  same  to 
the  Chief  Clerk  of  the  Market  on  each  Saturday 
morning  of  the  week. 

Sec.  521.     That  subject  to  the  limitations  here-  Nov.  8,  1897- 
inafter  expressed   in   this   section   any   person   who 


205 


May   23,    1882. 


hires  or  may  hereafter  hire  a  stall  in  the  Public  oreen^" Grocers."  "^ 
Market  of  the  City  of  Charleston,  or  any  person 
not  hiring  a  stall  in  the  market,  upon  paying  to 
the  City  Treasurer  the  sum  of  one  hundred  dollars 
and  producing  the  receipt  of  the  Clerk  of  the 
Market  showing  that  the  rent  of  the  stall  occu- 
pied by  him  or  her  has  been  paid  for  one  year  in 
advance,  or  any  person  not  occupying  a  stall 
in  the  market  who  shall  produce  the  receipt  of  the 
Clerk  of  the  Market  showing  that  the  inspection  tax 
for  meat  and  provisions  has  been  paid  for  one  year 
in  advance,  shall  be  authorized  and  empowered  for 
and  during  the  year  in  which  such  payment  is  made 
to  sell  at  any  point  within  the  City  of  Charleston 
anything  that  is  allowed  to  be  sold  in  said  market; 
Provided,  hozvever,  that  the  number  of  said  licenses 
shall  not  at  any  time  exceed  thirty-six,  and  that  all 
of  said  licenses  shall  expire  on  the  thirty-first  day 
of  December  of  the  year  in  which  it  is  issued,  as  do 
all  other  licenses.  Applications  for  said  licenses  un- 
der this  section  shall  be  made  to  the  Board  of  Market 
Commissioners  on  or  before  the  third  Wednesday 
in  December  in  each  year,  on  which  day  an  election 


206 


MARKET. 

for  green  grocers  for  the  ensuing  year  shall  be  held ; 
notice  of  said  meeting  and  election  shall  be  given  by 
advertisement  not  less  than  three  times,  in  one  or 
more  of  the  daily  papers  published  in  the  City  of 
Charleston,  the  first  notice  to  appear  two  weeks  in 
advance  of  the  day  of  said  meeting,  and  the  last 
notice  on  the  day  of  the  meeting,  and  elections  to 
be  held  thereafter  from  time  to  time  to  fill  vacancies 
in  the  said  number  of  thirty-six  as  the  Board  of 
Market  Commissioners  may  deem  expedient.  The 
names  of  the  persons  so  elected  and  the  locations 
of  their  places  of  business,  certified  to  by  the  chair- 
man and  the  Clerk  of  the  Board  of  Market  Commis- 
sioners, shall  be  presented  to  City  Council  at 
their  next  meeting  after  the  said  election  for 
confirmation — and  upon  this  confirmation  and  the 
payments  as  herein  provided,  the  licenses  shall 
be  issued  to  the  persons  so  elected ;  and  further  pro- 
vided, that  all  such  persons  now  holding  licenses 
and  all  persons  to  whom  licenses  may  hereafter  be 
issued  and  their  places  of  business  shall  be  subject 
to  the  Ordinances  of  the  City,  relating  to  the  gov- 
ernment of  such  persons  selling  in  the  market,  and 
the  meats  and  goods  sold  by  them,  and  to  the  rules 
and  regulations  of  the  Commissioners  of  the  Mar- 
ket and  subject  to  such  other  regulations  as  the 
City  Council  or  the  Board  of  Health  may  from  time 
to  time  prescribe.  And  if  any  person  or  persons 
who  shall  have  taken  out  a  license  under  this  section 
shall  sell  or  offer  for  sale  any  meat  or  meats  which 
are  prohibited  by  the  Ordinances  of  the  City  of 
Charleston  or  by  the  rules  and  regulations  of  the 
Commissioners  of  the  Market,  he,  she,  or  they  shall 
for  each  offence  be  subject  to  a  fine  not  exceeding 
fifty  dollars  or  be  imprisoned  for  not  more  than  ten 
days  and  the  license  issued  shall  be  forfeited.  And  if 
any  person  or  persons  other  than  those  who  may 
be  authorized  under  this  section  shall  sell,  offer  or 


CLERK  OF  WEIGHTS  AND  MEASURES. 


207 


expose  for  sale  fresh  meats  of  any  character  or 
description  in  the  City  of  Charleston,  at  any  place 
outside  of  the  public  market  of  the  said  City,  he, 
she,  or  they  shall  for  each  offence  be  subject  to  a 
fine  of  one  hundred  dollars  or  be  imprisoned  not 
more  than  thirty  days. 


CHAPTER  XII. 

INSPECTIONS -WEIGHTS  AND  MEASURES,  &c. 

CLERK     OF     WEIGHTS     AND     MEASURES COAL FIRE 

WOOD CORN      AND      OATS BREAD GUAGERS      OF 

LIQUOR TIMBER  AND   LUMBER. 

Clerk  of  Weights  and  Measures. 


Sec.  522.  The  Clerk  of  Weights  and  Measures 
elected  by  the  Commissioners  of  the  Market  shall 
receive  such  salary  as  may  be  fixed  by  the  said  Com- 
missioners ;  which  salary  shall  be  payable  monthly. 

Sec.  523.  The  said  Clerk  of  Weights  and  Meas- 
ures shall  have  his  office  opened  every  day  (Sun- 
days and  holidays  excepted,)  from  sunrise  to  sunset, 
for  the  purpose  of  weighing  all  articles  offered  for 
weight. 

Sec.  524.  For  all  such  articles  weighed,  the 
Clerk  of  Weights  and  Measures  shall  furnish  a  cer- 
tificate of  w^eight,  over  his  ow^i  signature,  not 
printed.  The  fees  prescribed  by  the  Commissioners 
of  the  Market  shall  be  collected  by  the  said  Clerk  and 
paid  over  regularly  each  week  to  the  Commissioners 
of  the  Market. 

Sec.  525.  The  Commissioners  of  the  Market 
shall  have  power  to  make  such-rules  and  regulations 
for  the  government  of  said  Clerk  of  Weights  and 


Apl.   15,  1873,  §1. 
Oct.   2,    188s. 

C  o  m  m  issioners 
of  Market  to  fix 
salary. 


Apl.    IS,    1873,  §2. 

When    office    to 
be  opened. 


ib.,    §    3. 


To   furnish  cer- 
tificate of  weight. 


lb.,    §    4. 


C  o  m  m  issioners 
o  f  Market  t  o 
make  rules  and 
regulations. 


208 


WEIGHTS    AND    MEASURES. 


Measures  as  are  not  inconsistent  with  the  Ordinances 
of  the  City,  and  shall  have  the  power  of  discontinu- 
ing or  leasing  out  the  public  scales. 

Weights  and  Measures. 


Nov.  20,   1839,  §1. 

Standard    meas- 
ures of  extension. 


lb.,  §  2. 


Weights  to  be 
adjusted  by  the 
troy   weight. 


Contents     of     a 
pound,  ounce,  &c. 


Troy  weiglits 
used  by  banking 
institutions  the 
proper  standard 
for  adjusting  av- 
oirdupois  weights. 


lb..  §  3- 


The  cubic  inch 
the  standard  for 
the  adjustment  of 
all  measures  of 
capacity. 


Sec.  526.  The  inch,  the  foot,  and  the  yard  meas- 
ures, which  have  been  heretofore  always  used  in  this 
State,  be,  and  they  are  hereby,  declared  standard 
measures  of  extension,  and  are  to  be  used  as  such 
for  all  mechanical,  commercial,  or  mathematical 
purposes,  for  which  they  shall  or  may  be  required. 

Sec.  527.  The  troy  weight  grain  be,  and  the 
same  is  hereby,  a  unit  standard  for  weight,  from  and 
by  which  the  standard  avoirdupois  pound  and  ounce 
weights  are  to  be  adjusted;  the  pound  avoirdupois 
weight  used  for  commercial  purposes  in  this  City, 
shall  contain  (7,000)  seven  thousand  grains  troy, 
which  are  equal  to  fourteen  ounces  eleven  penny 
weights  and  sixteen  grains  troy;  the  ounce  avoirdu- 
pois weight,  used  for  the  same  purposes,  shall  con- 
tain (437^)  four  hundred  and  thirty-seven  and  a 
half  grains  troy,  which  are  equal  to  eighteen  penny 
weights  and  five  and  a  half  grains  troy.  And  the 
troy  weights,  used  by  the  banking  institutions  now, 
or  that  may  hereafter  be  established  in  this  City,  be, 
and  are  hereby  declared  the  proper  standard  for  ad- 
justing avoirdupois  weights,  by  comparison  and  in 
the  proportion  and  manner  above  mentioned. 

Sec.  528.  The  cubic  inch,  which  has  been  always 
hitherto  used  in  this  State,  be,  and  the  same  is 
hereby,  declared  a  unit  standard  for  the  adjustment 
of  all  measures  of  capacity.  And  whereas,  by  an 
Act  of  the  Legislature,  passed  on  the  twelfth  day  of 
April,  seventeen  hundred  and  sixty-eight,  the  bushel, 
half  bushel,  peck,  and  half  peck,  according  to  the 
London  standard,  were  established  as  lawful  meas- 
ures :  It  is.  therefore,  hereby  declared,  that  agreeably 


WF.TGT-ITS    AND    I\rEASURp:S. 


209 


to  the  said  standard  for  dry  measures,  a  bushel  con-      Dry   measure- 
tains  (2,150  4-10)  two  thousand  one  hundred  and  Tus^hei,  °peck! 
fifty  and  four-tenths  cubic  inches ;  a  half  bushel  con-    ''"'"^''  *""*' 
tains    (1,075  2-10)   one  thousand  and  seventy-five 
and    two-tenths    cubic    inches;    a    peck    contains 
1537  6-10)  five  hundred  and  thirty-seven  and  six- 
tenths    cubic    inches ;    and    a    half    peck    contains 
(268  8-10)  two  hundred  and  sixty-eight  and  eight- 
tenths  cubic  inches;  also,  a  quart  contains  (67  2-10) 
sixty-seven  and  two-tenths  cubic  inches;  and  a  pint 
contains  (33  6-10)  thirty-three  and  six-tenths  cubic 
inches.     And  it  is  further  declared  that  the  wine 
measure   gallon   used   for   commercial   purposes   in  _con'tents"'^or'^a 
this  City,  ought  to  contain  (231)  two  hundred  and  ^^"°"'  'i"'"'*'  ^*''- 
thirty-one  cubic  inches;  the  quart  (57^)  fifty-seven 
and  three-fourths  cubic  inches;  the  pint  (28  9-10) 
twenty-eight  and  nine-tenths  cubic  inches ;  the  half 
pint    (14    4-10)     fourteen    and    four-tenths    cubic 
inches;  and  the  gill  (7  2-10)  seven  and  two-tenths 
cubic  inches. 

Sec.  529.     All  weights  used  in  this  City  for  com-        ib.,  §  4. 
mercial  purposes,  except  for  weighing  gold  or  silver,      weights,     i^ 
shall  be  regulated  by  the  avoirdupois  standard.     All  '^'"c'rain'^'  fo'    be 
grain  and  other  commodities,  and  articles  sold  iii  measure.''  ^    ''  ^  ^' 
this  City  by  dry  measure,  shall  be  sold  agreeably  to 
the  standard  measures  for  dry  measures  hereinbe- 
fore expressed  and  described ;  and  wines,  spirituous      >^ii  Hguijs  to  be 
liquors  and  all  liquids  sold  in   this   City,   shall   be  measure!'^    '"^'"^ 
measured  agreeably  to  the  standard  of  wine  meas- 
ures hereinbefore  mentioned. 

Sec.    530.     The   quarter   peck    shall    be,    and    is         i^--  §  s- 
hereby,  authorized  and  established  as  a  measure  to      Quarter  peck  to 

1    ■  ,  1  r  ■  1       11  1  ^■       "^  "^^"  ^^  ^  meas- 

be  used  m  the  sale  of  gram,  and  all  other  commodi-  ure. 
ties  and  articles  sold  by  dry  measure,  and  shall  be  of 
half  the  contents  or  capacit)^  of  the  half  peck  herein- 
before mentioned  and  declared. 

Sec.  531.     The  standard  measures  of  extension,         j^,    ^  g 
weight   and   capacity,   hereinbefore   mentioned   and      of  what  materi- 

■\A  als     weights,     &c., 

shall  be  made. 


21 Q  WEIGHTS    AND    MEASURES. 

''  described,  shall  always  be  made  of  brass  or  copper. 
All  weights  used  by  individuals  for  commercial  pur- 
poses in  this  City,  shall  be  made  of  iron,  brass,  or 
composition  metal;  and  all  yard  measures  used  in 
this  City  for  commercial  purposes,  shall  be  stamped 
at  both  ends,  in  the  manner  hereinafter  described. 
lb-'  §  7-  Sec.    532.     The   Commissioners   of  the   Market 

Commissioners  ghall    have    uudcr    their    g-overnment,    examination 

of   the    Market   to  .  . 

have  under  their    and  coutrol,   all  mcasurcs  of  extension,  all  avoir- 
charge    all    meas- 
ures, &c.  dupois  weights,  scales,  beams  and  balances,  and  pat- 
ent scales,  used  for  commercial  purposes  within  the 
City;  and  all  measures  of  capacity  used  in  the  City 
for  measuring  grain,  and  other  articles  sold  by  dry 
measure,   and   for  measuring  wine,   spirituous  liq- 
uors, and  all  liquids  sold  by  wine  measure;  which 
shall  be  regulated  and  adjusted  under  their  direc- 
tion agreeably  to  the  standards  hereinbefore  men- 
to^es°taWi^hTn  o'f-'  tioucd.      The   Commissioners  of  the   Market  shall 
?"ecUo'n^  *o"f  establish  an  office  for  the  inspection,  adjustment  and 
weights,,  &c.  regulation  of  weights  and  measures,  scales  and  bal- 
ances, at  the  Market,  or  such  other  convenient  place 
as  shall  be  appointed  by  them,  and  approved  by  the 
Council.    The  name  of  the  said  offce,  that  is  to  say, 
"Inspection   of   Weights  and   Measures,"   shall   be 
fixed  over  the  door  thereof,  and  the  same  shall  be 
.  kept  open  as  a  public  office,  at  such  time  and  at  such 
hours,  as  the  said  Commissioners,  by  their  rules  and 
regulations,  shall  appoint.     The  standard  measures 
of  extension,  dry  measures,  wine,  or  liquid  meas- 
ures, also  the  brass  weights  of  the  avoirdupois  stan- 
dard, belonging  to  the  City,  shall  be  deposited  in 
the  said  office,  which  shall  be  furnished  with  the 
balances,  scales,  stamps,  and  every  other  apparatus 
required  for  the  due  adjustment  and  regulation  of 
weights,  measures,  scales  and  balances.     The  Com- 
missioners shall,  from  time  to  time,  as  may  be  found 
expedient,   cause   the   said   standard   measures   and 
weights   to   be   examined,    adjusted   and    regulated 


WEIGHTS    AND    MEASURES.  211 


agreeably  to  the  standard  hereinbefore  declared  and      c  o  m  m  issioners 
expressed.     The  Clerk  of  Weights  and   Measures  weights  and  meas- 
elected  by  the  Commissioners  of  the  Market  shall 
be  the  officer  to  enforce  and  execute,  with  or  under 
the  direction  of  the  Commissioners  of  the  Market, 
the  provisions  of  this  chapter,  and  all  resolutions 
of  Council  relative  to  the  weights  and  measures. 
The  Commissioners  of  the  Market  shall,  with  the 
approbation  of  Council,  fix  the  fees  that  shall  be  ^^"" 
required  by  the  Clerk  above  mentioned,  for  regulat- 
ing,   stamping    and    adjusting    weights,    measures, 
scales,   beams  and  balances.     All  the   fees  of  this 
office  shall  belong  to  the  City,  and  shall  be  paid  over 
weekly  to  the  Commissioners  of  the  Market. 

Sec.  533.     All  yard-sticks,  or  other  measures  of        ^^■'  ^  ^- 
extension,    used    for   commercial   purposes    in   this  rneTsufe^s*^to  belJ^ 
City,    all    liquid   measures,    dry   measures,    and   all   spected   and   ex- 

-'  '  i  '  -^    _  '  amined        every 

scales,  beams,  balances  and  weights,  used  for  the  three  months. 
same  purposes  (including  such  scales,  beams,  bal- 
ances and  weights,  as  are  used  at  the  public  scale- 
houses  on  the  wharves, )  shall  be  examined,  inspected 
and  regulated,  at  least  once  in  every  three  months ; 
and,  also,  whenever  it  may  be  deemed  proper  by  the 
Commissioners  of  the  Market,  or  by  said  Clerk  of 
Weights  and  Measures,  agreeably  to  their  rules 
and  regulations,  and,  if  required,  accompanied  by 
one  or  more  of  the  City  police,  as  may  be  found  ne- 
cessary ;  and  all  scales,  beams,  balances,  and  weights, 
used  at  the  public  scale-houses  on  the  wharves  of  the 
City,  shall  be  inspected,  examined,  and  regulated 
by  the  said  Commissioners,  or  by  their  Clerk,  as 
above  expressed,  at  least  once  in  every  three  months, 
and  also  whenever  it  may  be  required  by  resolution 
of  Council. 

Sec.  534.     No  measure  shall  be  used  in  the  City    ^^"  ^  ^' . 

for  commercial  purposes,  and  for  measuring  any  be^°sed'for"meal°- 
liquids  sold  by  wine  measure,  that  is  not  of  the  Tiquids^'not  of  ^the 
standard    capacity    hereinbefore    declared.      Every  anTst'ampeT""'"^ 


212 


WEIGHTS    AND    MEASURES. 


Penalty. 


lb.,    §     10. 

No  dry  measure 
to  be  used,  except 
of  the  standard 
capacity,  and  to 
be    stamped. 


lb.,  S   II. 

No  yard-stick, 
&c.,  to  be  used 
not  of  the  stan- 
dard length  and 
stamped. 


such  measure  shall  be  stamped  at  the  upper  edge 
and  at  the  bottom,  with  the  stamp  used  at  the  said 
office  of  Inspection  of  Weights  and  Measures.  Ev- 
ery person  who  shall  use  any  such  measure  for  com- 
mercial purposes,  either  not  of  the  standard  capacity 
or  not  stamped  as  aforesaid,  or  who  being  a  retailer 
or  vendor  of  any  liquor  sold  by  wine  measure,  either 
not  of  the  standard  capacity  or  not  stamped,  shall, 
for  each  and  every  such  offence,  be  subject  to  a  pen- 
alty not  exceeding  fifty  dollars,  or  imprisonment  not 
exceeding  thirty  days. 

Sec.  535.  No  dry  measure  shall  be  used  for 
commercial  purposes,  and  for  measuring  grain,  sale 
and  other  commodities  and  articles  sold  in  the  City 
by  dry  measure,  that  is  not  of  the  legal  standard 
capacity;  every  such  measure  shall  be  stamped  at 
the  upper  edge  and  at  the  bottom  with  the  stamp 
used  at  the  said  office  of  Inspection  of  Weights 
and  Measures.  Every  person  who  shall  use  any 
such  dry  measure  for  commercial  purposes,  either 
not  of  the  standard  capacity  or  not  stamped  as 
aforesaid,  or  who  being  a  retailor  or  vendor  of  any 
article  or  commodity  usually  offered  for  sale  by 
dry  measure,  shall  have  in  his  or  her  j)ossession  any 
such  measure  either  not  of  the  standard  capacity 
or  not  stamped  as  aforesaid,  shall,  for  each  and  ev- 
ery such  measure  found  deficient  or  not  stamped, 
and  for  every  such  offence  be  liable  to  a  penalty  not 
exceeding  fifty  dollars  or  imprisonment  not  exceed- 
ing thirty  days. 

Sec.  536.  No  yard-stick,  or  other  measure  of 
extension,  shall  be  used  in  this  City,  for  commercial 
purposes,  that  is  not  of  standard  length,  and 
stamped  at  both  ends  with  the  stamp  used  at  the 
office  of  the  said  Inspection  of  Weights  and  Meas- 
ures ;  and  every  person  who  shall  use  any  such 
measure  either  not  of  the  standard  length,  or  not 
stamped  as  aforesaid,  or  who,  being  a  retailer  or 


WEIGHTS    AND    MEASURES. 


213 


vendor  of  goods,  wares  and  merchandise  usually 
sold  by  measurement,  shall  have  in  his  or  her  pos- 
session any  yard-stick  or  other  measure  of  exten- 
sion either  not  of  the  standard  length  or  not 
stamped  as  aforesaid  shall  for  each  and  every  such 
measure  found  deficient  or  not  stamped,  and  for 
every  such  offence,  be  subject  to  a  penalty  not  ex- 
ceeding fifty  dollars.  And  every  shop  or  store- 
keeper, or  other  person  selling  goods,  wares  or 
merchandise  in  the  City,  by  yard  or  other  measure 
of  extension,  shall  keep  in  his  or  her  possession,  at 
his  or  her  shop,  or  place  of  business,  at  least  one 
yard-stick  of  the  standard  length,  and  stamped  on  Every  person 
both  ends ;  and  each  and  every  person  alluded  to  ylrd'^&crto\eep 

,  •  1       .  ■  f       •  j_       1  J      J.'    1      at   least  one  yard- 

herem  neglectmg  or  refusmg  to  keep  a  yard-stick  stick  of  the  stan- 
in  his  or  her  possession,  as  hereby  required,  shall   '^"^    lengti. 
for  each  and  every  day  during  such  neglect  or  re- 
fusal be  subject  to  a  penalty  of  fifty  dollars.     No 
mode   or   measurement,   other   than   by   yard-stick, 
or  other  detached  measure  of  extension  of  the  stan- 
dard length,  and  stamped  as  aforesaid,  shall  be  used 
for  commercial  purposes  by  any  shop  or  store-keeper 
or  other  person  or  persons  selling  goods,  wares  and 
merchandise,  by  measurement,  under  the  penalty  of  i-cnaity. 
fifty  dollars  or  imprisonment  in  jail  not  exceeding 
thirty  days. 

Sec.  537.     No  weight  or  weights  shall  be  used  in    "'"  ^  '"• 

the  City  for  commercial  purposes,  that  are  not  agree-  bt/Tised''i^ot'^agrce° 
able  to  the  avoirdupois  standard  hereinbefore  de-  l^^^^J°  ^'\^tamra"d 
clared.  and  made  of  iron  or  brass,  or  composition  ^""^  stamped. 
metal,  and  stamped  on  the  metal  used  for  filling  up 
and  supplying  any  deficiency  which  may  be  found 
on  adjusting  the  same,  or  on  such  other  parts  of 
the  weight  as  may  be  convenient,  with  the  stamp 
used  at  the  office  of  the  Inspection  of  Weights  and 
Measures.      Provided,   that    when   any    weight,    or 
patent  scales  or  balances,  can  not  be  stamped,  a  cer- 
tificate of  its  accuracy  shall  be  given  by  the  said 


214 


WEIGHTS    AND    MEASURES. 


lb.,    S    13. 


Clerk  of  Weights  and  Measures,  which  certificate 
shall  be  produced  at  all  inspections  of  weights  and 
measures.  And  every  person  who  shall  use,  for 
commercial  purposes,  any  weight  or  weights,  not 
agreeable  to  the  said  standard,  or  not  stamped  or 
certified  as  aforesaid,  shall,  for  each  and  every 
weight  found  deficient  or  not  stamped  as  aforesaid, 
forfeit  a  sum  not  exceeding  fifty  dollars.  And  every 
person  being  a  retailer  or  vendor  of  goods,  wares 
and  merchandise  usually  offered  for  sale  by  weight, 
who  shall  have  in  his  or  her  possesion,  at  his  or  her 
store,  shop,  or  place  of  business,  any  weight  or 
Penalty  for  us-wcights  uot  agrccablc  to  the  said  avoirdupois  stan- 
t  h%  ^  standard  dard,  and  not  stamped  or  certified  as  aforesaid,  shall 
'^^'^'^'  for  each  and  every  such  weight,  and  for  every  such 

offence,  be  subject  to  a  penalty  not  exceeding  fifty 
dollars  or  imprisonment  not  exceeding  thirty  days. 

Sec.  538.  It  shall  be  the  duty  of  the  Commis- 
sioners of  the  Market,  or  the  said  Clerk,  and  of  the 
City  officers  that  may  accompany  them,  at  all  in- 
spections of  weights  and  measures,  or  either  of 
them,  to  seize,  take  away,  and  declare  forfeited  every 
dry  measure  and  liquid  measure,  or  any  weight  or 
weights,  or  any  patent  scales  or  balances,  found  by 
them  to  be  contrary  to  the  said  standard,  or  not 
stamped,  or  not  conformable  in  every  respect,  to  the 
provisions  of  this  chapter;  and  every  measure, 
though  stamped  as  aforesaid,  that  shall  be  found 
dented  or  flattened,  or  so  defaced  as  to  alter  its  ca- 
pacity, and  not  capable  of  giving  true  measure,  shall 
be  deemed  and  considered  as  deficient,  and  there- 
for forfeited ;  and  the  person  or  persons  who  used 
the  same  shall  be  liable  to  the  penalty  and  forfeiture 
provided  in  this  chapter ;  and  all  yard  or  other  meas- 
ures of  extension,  found  as  aforesaid,  at  any  inspec- 
tion of  weights  and  measures,  to  be  deficient,  shall 
be  destroyed.  And  every  such  measure  of  exten- 
sion,  though   stamped   as   aforesaid,   that   shall   be 


Weights  and 
measures  deficient, 
&c.,  may  be  seiz- 
ed. 


WEIGHTS    AND    MEASURES. 


215 


lb.,  §   14. 


rounded  or  cut  after  stamping,  at  either  end,  or 
bent,  or  twisted,  so  as  not  to  give  true  measure,  shall 
be  considered  as  deficient ;  and  the  person  who  used 
the  same  shall  be  liable  to  the  penalty  and  forfeiture 
before  mentioned  in  this  chapter. 

Sec.  539.     Whenever  any  weight  or  weights  shall 
be  brought  to  the  said  ofiice  of  inspection,  to  be  ex-    weights  brought 

o  i  '  to     the     office     for 

amined  and  adjusted,  the  said  Clerk,  agreeably  to  adjustment,    &c., 

-'  _  _  '       o  J  ]f      yioj      capable, 

the  rules  and  regulations  of  their  Board,  shall  deter-  shaii  be  forfeited. 
mine  as  to  the  practicability  of  the  adjustment  re- 
quired ;  and  should  the  weight  or  weights  be  found 
so  defective  as  to  be  incapable  of  adjustment  in  the 
manner  prescribed  by  the  said  rules  and  regulations, 
the  same  shall  be  deemed  and  considered  as  for- 
feited, and  shall  be  retained  at  the  said  office;  but 
the  person  or  persons  who  presented  the  same  shall 
be  subject  to  no  penalty;  and  should  the  weight  or 
weights,  presented  as  aforesaid,  be  found  not  agree-      weights     no t 

<^         '   i.  '  o  agreeable     to     the 

able  to  the  standard,  but  capable  of  adjustment,  the  standard   but  ca- 

^  -'     _  pable     of     adjust- 

said  Clerk  shall  cause  the  same  to  be  adjusted,  and  rnent,  to  be  ad- 

•^  justedand 

the  stamp  of  the  office  shall  be  put  on  the  metal  used  stamped. 
for  filling  up  and  supplying  the  deficiency ;  the  said 
weight  or  weights  shall  then  be  delivered  to  the 
person  who  shall  have  presented  them  for  examina- 
tion, on  payment  being  made  of  the  fees  required 
at  the  office,  and  of  all  charges  and  expenses  in- 
curred ;  and  the  person  aforesaid  shall  be  subject  to 
no  penalty.     Whenever  any  measure  of  extension  seml^'fo^exa^m^ 
or  capacity  shall  be  presented  at  the  office  of  Inspec- 
tion of  Weights  and  Measures,  to  be  examined  and 
stamped,    the   said   Clerk   shall   compare   the   same 
with  the  other  standard,  and  should  the  measure 
be  correct,  the  same  shall  be  stamped.     But  should  hefow 'Thl  ^°sl2i 
the  measure  be  found  below  the  standard  the  same  '^^'^  *°  '"^  forfeit- 

ea. 

shall  be  considered  as  a  false  measure  and  therefore 

forfeited,  and  shall  be  retained  at  the  said  office.  —'  ^  '^" 

Sec.  540.     Before  any  person  shall  undertake  to  puwfc^'wharf  °o" 

scales     to 


nation        to        be 
stamped  if  correct. 


weigh,  and  to  transact  the  business  of  a  weigher,  [ake'"oath 


216 


WEIGHTS    AND    MEASURES. 


Form  of  oath. 


Upon  any  wharf,  or  at  any  other  place  within  the 
City  where  there  are  pubhc  scales,  he  shall  take  the 
following  oath  or  affirmation,  before  one  of  the 
Commissioners  of  the  Market,  to  wit : 

"I,  A  B,  do  solemnly  swear  (or  affirm)  that  while 
the  public  scales,  at  the  wharf  or  other  place,  at 

present  known  by  the  name  of -.  shall  be  under 

my  charge,  I  will,  from  time  to  time,  and  at  all 
times,  adjust  and  regulate  by  the  City  standard, 
according  to  law,  the  said  scales  and  all  weights  in 
use  upon  the  wharf,  or  at  the  place  aforesaid ;  and 
that  I  will  always  do  impartial  justice  betW'Cen  buyer 
and  seller,  in  the  weighing  of  produce,  and  any 
other  commodity,  upon  the  said  wharf  or  place, 
while  the  saine  shall  be  under  my  care  and  manage- 
ment.    So  help  me,  God." 

The  Commissioner  or  Commissioners  before 
whom  such  oath  or  affirmation  shall  be  taken,  shall 
thereupon  give  such  person  a  certificate  thereof. 
Every  person  who  shall  weigh  at  any  wharf  or  place 
where  there  are  public  scales,  without  having  pre- 
viously taken  the  oath  or  affirmation  required  as 
aforesaid,  shall  forfeit  and  pay  to  the  use  of  the 
City  the  sum  of  fifty  dollars  ■.Provided,  That  noth- 
ing herein  contained  shall  extend,  or  be  construed 
to  extend  to  oblige  any  person  who  has  already  been 
sworn  to  the  effect  and  for  the  purpose  aforesaid, 
to  take  again  such  oath  or  affirmation. 

Sec.  541.  Every  false  and  fraudulent  scale, 
forfdted^'^^^  ^"^  beam,  balance  or  patent  scales  used  within  the  City, 
for  commercial  purposes,  or  any  scale,  beam,  bal- 
ance or  patent  scales,  rendered  false  and  fraudulent 
by  the  addition  of  any  substance  whatever,  which 
shall  be  used  within  the  City  for  commercial  pur- 
poses, or  be  found  in  possession  of  any  retailer  or 
vendor  of  any  article  or  commodity  at  his  or  her 
shop,  store,  or  place  of  business,  shall  be  forfeited 
and  seized  by  the  Commissioners  of  the  Market,  or 
by  the  said  Clerk,  or  by  the  city  officers  who  may 


Penalty  for 
weighing  at  any 
wharf,  &c.,  with- 
out having  taken 
the   oath. 


False      scales 
and    beams    liable 


WF.IGTITS    AND    MEASURES.  217 

accompany  them  in  the  inspection  of  weights  and  Penalty  for  using. 
measures ;  and  every  person  who  shall  use  for  com- 
mercial purposes,  such  false  or  fraudulent  scale, 
beam,  balance,  or  patent  scales,  or  any  scale,  beam, 
balance,  or  patent  scales,  rendered  false  or  fraudu- 
lent by  the  addition  of  any  substance  whatever, 
shall  for  each  and  every  such  offence,  be  subject  to 
a  penalty  of  not  less  than  fifty  dollars,  nor  more  than 
one  hundred  dollars  or  imprisonment  not  exceed- 
ing thirty  days.  Every  person  being  a  retailer  or 
vendor    of    any    article    or    commodity    in    whose  .  I'enaity  for  hav- 

-^  ,  .  ,  '"g  false  scales. 

possession,  at  his  or  her  store,  shop,  or  place  of  bus- 
iness, any  such  false  or  fraudulent  scale,  beam, 
balance  or  patent  scales,  shall  be  found,  or  any 
scale,  beam,  balance,  or  patent  scales  rendered  false 
or  fraudulent  by  the  addition  of  any  substance 
thereto,  shall,  for  each  and  every  such  offence,  \be 
subject  to  a  penalty  not  less  than  fifty  dollars,  nor 
more  than  one  hundred  dollars  or  imprisonment 
not  exceeding  thirty  days.  Provided,  that  no  per- 
son shall  be  liable  to  a  penalty  who  shall  request 
the  examination  of  a  set  of  scales,  beams,  balances, 
or  patent  scales,  by  the  Clerk  of  Weights  and  Meas- 
ures, and  which  shall  prove  incorrect  and  false,  but 
the  same  shall  be  forfeited  and  retained  at  the  office. 

Sec.  542.     Hay  and  other  kinds  of  fodder  shall        ^'^^  ^  '"• 
not  be  sold  in  the  City,  unless  the  same  be  weighed  ^-^\l beloM^^un- 
at  some  public  scale  within  the  City;  and  if  any  per-  ptfbu^scik^.    ^^ 
son  having  hay  or  other  fodder  for  sale,  shall  neglect 
to  have  the  same  weighed  as  aforesaid,  he  shall  be 
subject  to  a  penalty  not  exceeding  one  hundred  dol- 
lars,  or   imprisonment   not  exceeding  thirty   days. 
And  not  less  than  one  pound,   or  more  than  five 
pounds  each  time,   (at  the  discretion  of  the  sworn 
weigher),    shall   be   deducted    for   each    and   every  the  "^  weight    "o'f 

,  111  11-  hoops  in  bales. 

hoop,  and  each  and  every  sta\-e  or  plank,  m  every 
bale  or  package  of  hay  or  fodder. 

Sec.    543.     The    officers    and    members    of    the 


218 


WEIGHTS    AND    MEASURES. 


in 
ordinance 


Penalty    for 
posing 
sioners. 


op- 
Conimis- 


Poiice  to  assist  poHcc  forcc  of  the  City  are  hereby  declared  the 
proper  officers  to  aid  and  assist  the  Commissioners 
of  the  Market  and  said  Clerk  in  the  execution  of 
their  duty  in  the  enforcement  of  this  chapter.  The 
said  Commissioners  are  hereby  empowered  to  call 
the  said  officers  to  their  assistance,  whenever  in 
the  opinion  of  the  Board,  there  is  a  necessity  for  so 
doing ;  and  in  case  any  of  the  city  police  shall  neglect 
to  obey  the  order  of  the  said  Board,  when  extended 
to  him  by  the  said  Clerk,  he  shall  be  considered  as 
having  neglected  his  duty,  and  his  conduct  shall  be 
reported  to  Council,  and  he  shall  be  liable  to  a  fine 
not  exceeding  fifty  dollars,  to  be  imposed  by  Coun- 
cil and  deducted  from  his  salary.  If  any  person 
shall  abuse,  oppose,  obstruct,  or  otherwise  molest 
the  said  Commissioners  of  the  Market,  their  said 
Clerk,  the  city  police,  or  either  or  any  of  them, 
in  or  on  account  of  the  execution  of  their  duty,  in 
the  enforcement  of  this  chapter,  each  and  every  such 
person  shall,  for  every  offence  be  subject  to  a  fine 
not  exceeding  one  hundred  dollars,  or  imprisonment 
in  jail  not  exceeding  thirty  days. 

Sec.  544.  All  fines,  forfeitures,  and  penalties 
for  offences,  against  this  chapter,  or  any  part  or  arti- 
cle thereof,  shall,  on  information  being  given  by  the 
said  Commissioners,  or  either  of  them,  or  by  their 
said  Clerk,  or  by  the  City  officers  acting  with  them, 
or  by  their  direction,  to  the  Corporation  Counsel, 
be  sued  in  the  name  of  the  City  Council  of  Charles- 
ton, against  all  persons  offending  therein,  to  be  re- 
covered in  any  court  of  competent  jurisdiction.  The 
said  fines,  forfeitures  and  penalties,  and  every  part 
thereof,  when  recovered,  shall  be  received  by  order 
of  the  said  Commissioners,  or  their  Clerk,  agreeably 
to  their  rules  and  regulations;  but  the  same  are 
hereby  declared  to  be,  for  the  use  of  the  City  Coun- 
cil, to  be  accounted  for  by  the  said  Commissioners 
of  the  Market  in  their  periodical  reports  to  the  City 
Treasurer. 


lb., 


Fines  and  i)en- 
alties,  how  to  be 
recovered  and  ap- 
plied. 


WEIGHTS    AND    MEASURES. 


219 


Sec.  545.  Every  person  being  the  owner  or 
keeper  of  a  retail  shop,  or  store,  where  meat,  grain, 
fruit,  or  other  articles  are  exposed  or  offered  for 
sale,  whether  he  or  she  have  a  license  from  the  City 
Council  or  not,  shall,  at  all  times,  keep  and  have  in 
such  shop  or  store  a  complete  set  of  weights  and 
measures  of  the  standard  hereinbefore  declared,  or 
a  stamped  or  certified  patent  scale.  If  weights,  the 
set  to  consist  of  a  four-pound,  two-pound,  one- 
pound,  half-pound,  quarter-pound,  two  ounces,  one- 
ounce,  and  half-ounce  weight  of  the  avoirdupois 
standard.  The  set  of  liquor  measures  to  consist  of 
a  gallon,  half-gallon,  quart,  pint,  half  pint  and  gill. 
The  set  of  dry  measures  to  consist  of  a  half-bushel, 
peck,  half-peck,  quarter-peck,  quart  and  pint.  Ev- 
ery such  person  being  the  owner  or  keeper  of  such 
a  retail  shop  or  store,  who  shall,  or  may  refuse  or 
neglect  to  present  and  deliver  any  of  the  said  scales, 
weights  or  measures,  to  the  Commissioners  of  the 
Market,  or  the  said  Clerk,  or  the  City  police,  who 
may  accompany  them  thereto,  demanded  by  either 
of  them  on  their  visits  of  inspection  of  weights  and 
measures,  as  hereinbefore  directed,  shall  for  each 
and  every  such  offence,  be  subject  to  a  fine  not  ex- 
ceeding one  hundred  dollars  or  imprisonment  not 
exceeding  thirty  days. 

Sec.  546.  That  all  liquid  measures,  dry  meas- 
ures, and  measures  of  extension,  and  all  weights 
which  weigh  the  actual  weight  they  purport  to  meas- 
ure, shall  be  carried  to  the  ofiice  of  the  Clerk  of 
Weights  and  Measures  to  be  inspected  and  stamped. 
That  all  scales,  beams,  balances,  and  patent  scales, 
shall  be  examined  and  stamped  by  the  Clerk  of 
Weights  and  Measures  upon  the  premises  where  the 
same  are  to  be  used,  and  shall  not  be  used  until  the 
same  are  inspected  and  stamped,  or  certified  to  in 
case  they  cannot  be  stamped,  which  inspection  shall 
be  by  weighing  on  such  scales,  beams,  balances,  or 


Every  owner  or 
keeper  of  a  retail 
grocery  shop  to 
keep  set  of 
weights  and  meas- 
ures. 


Penalty  for  re- 
fusing inspection 
of  weights. 


Measures  and 
weights  to  be  car- 
ried to  Clerk's  of- 
fice. 


Balances  and 
scales  to  be  stamp- 
ed on  premises 
where  used. 


220 


COAL. 


patent  scales,  the  standard  weights  as  hereinbefore 
ordained. 

Coal. 


Jan.    29,    1878. 

All   coals  to  be 
sold  by  weight. 


To  be  weighed 
by  sworn  weigh- 
ers. 


Carter    to    have 
certificate. 


Penalty. 


Penalty  for  cart 
having  less  coal 
than  stated  in  cer- 
tificate. 


PurclKiscr  t  o 
have  the  right  to 
have  coal  weighed 
on   public   scale. 


Sec.  547.  That  all  coals,  excepting  charcoal, 
sold  for  consumption  within  the  limits  of  this  City, 
shall  be  by  weight.  That  2,240  pounds  shall  be  the 
standard  weight  of  a  ton.  That  all  coals  sold  from 
yards  or  other  places,  shall  be  weighed  by  sworn 
weighers,  commissioned  and  sworn  in  the  usual 
manner. 

Sec.  548.  That  each  carter  shall  have  a  certifi- 
cate with  every  load  of  coal,  stating  the  name  of  the 
purchaser,  name  of  seller,  license  of  cart,  name  of 
weigher,  gross,  tare  and  net  weight  of  coal.  Any 
carter  found  without  such  certificate  will  subject 
the  seller,  unless  some  good  cause  be  shown  for  such 
neglect,  to  a  fine  of  five  (5)  dollars  for  the  first  of- 
fence, or  imprisonment  not  exceeding  five  days  in 
jail,  and  ten  (10)  dollars  for  each  subsequent  of- 
fence. 

Sec.  549.  That  any  cart  found  having  less  coal 
than  the  quantity  stated  in  the  certificate,  and  suffi- 
cient proof  having  been  given  of  the  intention  on 
the  part  of  the  weigher  to  defraud  the  purchaser, 
the  seller  of  the  coal  shall  be  subject  to  a  fine  of 
fi\'e  (5)  dollars  for  the  first  offence,  or  imprison- 
ment not  exceeding  five  days  in  jail  and  ten  (10) 
dollars  for  each  subsequent  offence,  and  the  weigher 
shall  have  his  license  revoked. 

Sec.  550.  That  the  purchaser  of  coal  shall  have 
the  right  to  demand  that  his  coal  be  weighed  on  a 
public  balance,  and  that  failure  on  the  part  of  the 
seller  to  do  so  when  demanded  by  the  purchaser, 
shall  subject  him  to  a  fine  of  ten  ( 10)  dollars  for  the 
first  ofTence.  or  imprisonment  not  exceeding  ten 
days,  and  twenty  (20)  dollars  for  each  subsequent 
offence. 


FIRE   WOOD. 


221 


Sec.  ssi.     That  any  person  or  persons  found  sell-     Penalty  for  seii- 

"^  ^  -^    ^  111  •     1  '"S      coal      other 

ing  coal,  charcoal  excepted  other  than  by  weight,  than  by  weight, 
shall  be  subject  to  a  fine  of  twenty   (20)    dollars 
for  the  first  offence  or  imprisonment  not  exceeding 
ten  days,  and  thirty   (30)    dollars  for  each  subse- 
quent offence. 

Sec.  552.  That  all  scales  used  at  the  different 
yards  and  other  places  for  the  weighing  of  coal, 
shall  be  tested  by  the  Clerk  of  Weights  and  Meas- 
ures of  the  City  Market  at  least  once  in  every  three 
months,  the  customary  fees  to  be  charged  for  the 
same. 

Fire-Wood. 


Scales 
tested. 


to 


be 


Fire-wood  to  be 
measvired  and 
corded. 


Sec.  553.  Each  stick  of  firewood  which  shall  Aug.  22,  iSio.  §7- 
hereafter  be  landed  for  sale  in  Charleston,  shall 
measure  at  least  four  feet  in  length,  including  half 
the  scarf;  and  all  such  fire-wood  shall  be  closely 
and  fairly  corded  up  where  it  is  landed  (and  before 
being  offered  for  sale,)  each  cord  to  be  eight  feet 
in  length,  four  feet  in  breadth,  and  four  feet  in 
height,  and  each  half  or  quarter  cord  in  proportion ; 
the  same  to  be  measured  and  ascertained  by  an 
inspector  and  measurer  of  timber  and  lumber,  each 
of  whom  shall  also  be  1  measurer  of  fire-wood.  And 
if  any  wood  other  than  refuse  or  billet  wood,  shall 
be  offered  or  sold  contrary  to  the  true  intent  and 
meaning  of  this  sub-division,  the  said  wood  or  price 
thereof  shall  be  forfeited  and  applied  to  the  use  of 
the  informer,  and  recovered  in  any  court  of  compe- 
tent jurisdiction. 

Sec.  554.  No  crooked  wood  shall  be  stowed  in 
or  corded  up  with  other  fire- wood ;  but  all  such 
crooked  or  other  wood,  deficient  in  length  as  above 
described,  may  be  corded  and  sold  separately,  as 
refuse  or  billet  wood;  the  judgment  of  any  licensed 
measurer  to  be  conclusive  as  to  the  quality  of  all 
wood  offered  for  sale;  and  if  anv  refuse  or  billet 


lb.,  S  8. 


Crooked   wood 
not  to  be  corded. 


222 


CORN    AND    OATS 


Penalty  for  re- 
fvising  to  per- 
form  duties. 


No  factor,  et  al, 
to  be  measurer. 


Fees. 


wood  be  intermixed  with  merchantable  fire-wood 
composing  said  cord  or  cords  of  wood,  the  whole 
of  the  wood  so  offered  for  sale,  shall  be  forfeited  to 
the  use  of  the  informer. 

Sec.  555.  If  any  measurer  of  fire-wood  shall 
refuse  or  neglect  to  perform  any  of  the  duties  at- 
tached to  his  office,  when  called  on  to  do  so  between 
sunrising  and  sunsetting,  he  shall,  on  conviction  be 
subject  to  a  fine  not  exceeding  twenty  dollars,  or 
imprisonment  not  exceeding  ten  days.  And  if 
either  of  the  officers  aforesaid  should  be  guilty  of 
collusion  or  malpractice  to  deceive  in  the  quantity, 
he  shall,  on  conviction,  forfeit  his  ofiice  for  the 
unexpired  term  thereof. 

Sec.  556.  No  factor  or  seller  of  fire-wood,  nor 
any  person  holding  an  appointment  or  office  of  profit 
under  this  State  or  the  United  States,  shall  be  eligi- 
ble to  hold  at  the  same  time  the  position  of  a  meas- 
urer of  fire-wood. 

Sec.  557.  The  fee  for  the  measurement  of  fire- 
wood shall  be  six  and  a  quarter  cents  for  each  cord 
measured. 

Corn  and  Oats. 


May    7,    1861. 


Corn 
to  be 
weight. 


Penalty. 


and    oats 
sold      by 


Sec.  558.  All  corn  and  oats  sold  within  the  lim- 
its of  the  City  shall  be  sold,  whether  at  wholesale  or 
retail,  by  weight,  at  the  rate  of  fifty-six  pounds  per 
bushel  for  corn,  and  at  the  rate  of  thirty-two  pounds 
per  bushel  for  oats,  respectively. 

^53-  559-  Any  person  who  shall  sell  corn  or 
oats  otherwise  than  by  weight,  as  herein  provided, 
shall  be  subject  to  a  fine  of  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars,  or  im- 
prisonment not  exceeding  thirty  days  for  each  and 
every  offence,  to  be  recovered  in  any  court  of  com- 
petent jurisdiction ;  one-half  to  the  use  of  the  in- 
former and  the  other  half  to  the  use  of  the  City. 


BREAD. 


Bread. 


223 


Sec.    560.     Wheaten,   household,   and   all   other  Aug.  ^,  1858,  §  2. 
bread,  shall  be  sold  by  bakers  and  dealers  in  bread,     Bread  to  be  soui 
by  weight   (avoirdupois,)   and  the  scales  used  for    ^  ^^^ign. 
weighing  bread  shall  be  under  the  inspection  of  the 
Commissioners  of  the  Market,  and  subject  to  the 
same  rules  as  all  other  scales  used  for  weighing. 

Sec.  561.  Every  baker  and  dealer  in  bread,  who  ib.,  §  3. 
violates  the  provisions  herein  contained,  shall  forfeit  Penalty, 
and  pay  a  fine  of  not  less  than  ten  dollars,  nor 
more  than  twenty  dollars,  for  each  and  every 
offence,  to  be  recovered  in  any  court  of  competent 
jurisdiction ;  one-half  to  the  use  of  the  informer,  and 
the  remainder  to  the  use  of  the  City. 

Timber  and  Lumber. 

Sec.  562.     There  shall  be  elected  annually  on  the  Jan.  10,  1899- 
2d  Tuesday  in  January,  three  or  more  Inspectors  and      Election  of  in- 

■'•'''  -'  '  J-    _  specters. 

Surveyors  of  Timber,  who,  before  entering  upon 
the  duties  of  their  office,  shall  severally  execute  a 
bond  to  the  said  City  Council,  in  the  penalty  of  two 
thousand  dollars,  with  good  sureties,  for  the  faith- 
fuj  performance  of  the  duties  of  his  or  their  office ; 
and  ^shall  also  take  and  subscribe  to  the  following 
oath,  to  wit: 

"I,  A  B,  solemnly  swear  (or  affirm,  as  the  case  oath. 
may  be,)  that  I  will  faithfully  perform  all  the  duties 
of  Inspector  and  Surveyor  of  Timber  in  the  City  of 
Charleston,  as  prescribed  by  the  Act  of  the  General 
Assembly  providing  for  the  same.  So  help  me, 
God." 

And  said  bond  shall  be  recorded  in  the  office  of      Bond  to  be  ra- 
the Secretary  of  State,  and  shall  be  liable  to  suit 
at  the  instance  of  the  State  of  South  Carolina,  or 


224 


TfMT.F.R    AND    T^UMRER. 


Inspector  not 
to  be  interested 
in  sales. 

Timber  to  be 
sold  by  board 
measure. 


Penalty. 


Duty  of  Inspec- 
tors to  measure 
and  give  certifi- 
cates. 


Seller  and  buy- 
er to  select  meas- 
urer. 


of  individuals  suffering  loss  by  the  violation  of  the 
provisions  of  this  sub-division.  And  no  Inspector 
shall  be  interested,  either  directly  or  indirectly,  in 
the  sale  or  purchase  of  any  timber  or  lumber,  nor 
shall  he  act  as  clerk  or  agent  for  anyone  so  interested 
on  penalty  of  forfeiting  his  commission  as  Inspector. 

Sec.  563.  No  timber  shall  be  sold  or  purchased 
in  the  City  of  Charleston  by  any  mode  of  measure- 
ment except  that  denominated  board  or  superficial 
measurement  (unless  by  special  contract  between  the 
parties)  which  shall  alone  be  done  by  the  Inspectors 
or  Surveyors  of  Timber  in  the  City  of  Charleston, 
and  any  person  or  persons  who  shall  buy  or  sell 
ranging  timber  in  the  markets  of  Charleston  by  the 
rule  known  as  "side  and  edge  measurement,"  that 
is  to  say,  by  adding  the  side  to  the  edge,  multiplying 
by  the  length,  and  dividing  by  twelve  (side-edge  x 
length— twelve)  shall  be  fined  for  every  such  act  of 
buying  or  selling  not  less  than  one  hundred  dollars 
and  not  more  than  three  hundred  dollars  or  impris- 
onment not  exceeding  thirty  days. 

Sec.  564.  It  shall  be  the  duty  of  the  said  Sur- 
veyors and  Inspectors  to  measure  all  timber  in  the 
manner  aforesaid,  brought  for  sale  to  the  City  of 
Charleston,  at  the  request  of  any  person  owning  or 
buying  the  same,  and  shall  give  a  certificate  to  such 
person,  specifying  the  quality  and  kind  and  quantity 
of  such  timber,  and  the  number  of  pieces  in  each  lot; 
which  certificate  shall  be  evidence  of  the  matters 
stated  therein,  as  between  the  owner  and  purchaser 
thereof.  But  nothing  herein  contained  shall  pre- 
vent any  person  or  persons  from  buying  or  selling 
timber  in  bulk  without  measurement. 

Sec.  565.  All  lumber  and  timber  brought  to 
market  for  sale  at  the  port  of  Charleston,  shall  be 
measured  and  inspected  by  one  of  the  licensed  Meas- 
urers, selected  by  the  seller  and  buyer  jointly ;  and 
the  Measurer  so  selected  shall  be  entitled  individually 


BUILDINGS. 


225 


to  the  fee  earned  by  him ;  and  the  manner  of  inspec-      Manner  of  in- 

tion  and  classification  of  both  timber  and  lumber 

shall  be  such  as  may  be  agreed  upon  between  the 

buyer  and  seller.     Should  the  buyer  and  seller  fail 

to  agree  in  the  selection  of  a  Measurer,  then  the 

measurement  and  inspection,  and  classification,  may 

be  made  by  any  official  Measurer. 

Sec.  566.  The  fees  to  be  received  by  the  meas-  I'ees. 
urer  shall  not  exceed  the  following  rates,  viz. :  Ten 
(10)  cents  per  thousand  feet  for  all  square,  hewn  or 
round  timber;  ten  (10)  cents  per  thousand  feet  for 
all  lumber  measured  by  bulk  measurement  in  rafts ; 
and  twenty-five  (25)  cents  per  thousand  feet  for  all 
lumber  measured  and  inspected  by  the  piece — the 
expense  of  measuring  fees  to  be  equally  divided  be- 
tween the  buyer  and  seller.  Any  one  violating  any  Penalty, 
of  the  provisions  aforesaid,  shall  be  subject  to  a  fine 
of  not  more  than  one  hundred  dollars,  nor  less  than 
fifty  dollars  for  each  offence,  or  imprisonment  not 
exceeding  ten  days. 


CHAPTER  XIII. 

BUILDINGS— CHIMNEYS— CHIMNEY 
CONTRACTORS. 


Wooden  build- 
ings not  to  be 
erected  in  certain 
portions  of  the 
City. 


Sec.  S67.     It  shall  not  be  lawful  to  build,  erect,   May  8,  1838,  §1. 

-^     '  .  ,  1       -1  1-  r  -^^^P-    '•    '^70,    §1. 

or  construct  any  wooden  or  frame  building  01  any  Feb.  8,  1887. 
description  within  such  portions  of  the  City  of 
Charleston  as  are  hereinafter  described,  to  wit:  "All 
lots  abutting  on  the  east  and  west  sides  of  Meeting 
and  King  Streets  from  Queen  Street  to  Calhoun 
Street,  and  all  rear  lots  the  entrances  to  which  are 
on  said  parts  of  Meeting  and  King  Streets ;  all  lots 
abutting  on  the  east  and  west  sides  of  East  Bay 
Street  from  Stoll's  Alley  to  Society  Street,  and  all 
rear  lots  the  entrances  to  which  are  on  said  parts  of 
East  Bay  Street,  and  all  that  territorv  Iving  to  the 
15  ■  '     ' 


226 


BUILDINGS. 


March  24,  1883. 

All         buildings 
to   be    numbered. 


Numbers  to  be 
assigned  by  City 
Assessor. 


Odd  numbers 
on  west  and 
soutli,  even  num- 
bers on  north  and 
east. 


Metallic 
to  be  used. 


plates 


east  of  East  Bay  Street  from  Stoll's  Alley  to  Society 
Street,  excepting  such  made  marsh,  mud  or  water 
lots  as  may  be  located  north  of  Market  Street  and 
east  of  East  Bay  Street;  all  lots  on  the  north  and 
south  sides  of  Broad  Street  from  East  Bay  Street 
to  King  Street,  and  all  rear  lots  the  entrances  to 
which  are  on  said  parts  of  Broad  Street  -.Provided, 
That  no  tenement  building  shall  be  erected  on  any 
lot  in  the  City  of  Charleston  without  the  consent  of 
the  City  Council  of  Charleston :  Provided,  further. 
That  every  wooden  building  to  be  erected  on  any  of 
the  lots  or  territory  south  of  Calhoun  Street,  ex- 
empted from  the  operation  of  the  Ordinances  of 
the  City  of  Charleston  and  Acts  of  the  General  As- 
sembly preventing  the  erection  of  wooden  buildings, 
shall  not  be  less  than  two  stories  in  height ;  and  that 
all  the  inner  walls  of  said  building,  including  all  par- 
titions and  ceilings,  shall  be  lathed  and  plastered : 
And  provided,  further,  That  said  building  shall  be 
covered  with  slate,  tiles,  or  some  other  materials  not 
combustible. 

Sec.  568.  All  buildings  now  erected  or  to  be 
erected  on  the  streets,  alleys,  lanes  and  courts  of  this 
City,  shall  be  numl>ere(l  by  the  City  Assessor,  in 
compliance  with  the  requirements  of  this  sub-di- 
vision. 

Sec.  569.  On  all  streets,  alleys,  lanes  and  courts, 
numbers  shall  be  assigned  to  each  lot  by  the  City  As- 
sessor, and  such  numbers  shall  be  assigiied  whether 
the  lot  fronting  on  said  streets,  alleys,  lanes  or 
courts,  are  built  upon  or  not.  The  odd  numbers 
shall  be  placed  upon  the  buildings  erected  on  the 
west  and  south  sides,  and  the  even  numbers  shall 
be  placed  upon  the  buildings  erected  on  the  north 
and  east  sides  of  said  streets,  alleys,  lanes  and 
courts. 

Sec.  570.  All  numbers  hereafter  put  upon  any 
buildings   except   stores,   manufactories,   and   other 


BUILDINGS. 


227 


business   houses,    shall    be   painted    or   stamped   on 

metallic  plates  of  a  size  not  less  than  four  (4)  inches  size. 

by  two  and  one-half   (23^2)   mchQS  •,Provided,  That 

the  owner  or  occupant  of  any  building  may  place  piacr^omamTma^ 

thereon  a  more  ornamental  or  more  costly  number,  ^^^^^^' 

but  said  number  shall  not  be  of  less  conspicuous 

character  than  is  above  provided  for. 

Sec.  571.     Half  numbers  may  be  placed  upon  the      Half    numbers, 

,  .  .  ,         .  where  to  be  plac- 

entrance  posts  or  over  the  stairways  m  any  business  ed. 
building  or  tenement  house,  the  occupancy  of  which 
is  separate  and  distinct  from  its  ground  floor. 

Sec.  S7-2.     It  shall  be  the  further  duty  of  the  City      Errors    or    ir- 

-''  -  _  ...  regularities   to    be 

Assessor  when  an  error  or  irregularity  exists  in  the  corrected, 
numbering  of  houses,  or  when  they  are  without  num- 
bers in  any  streets,  alleys,  lanes  or  courts  in  the 
City  of  Charleston,  to  have  the  same  corrected  or 
numbered  without  unnecessary  delay,  as  soon  as  the 
facts  are  brought  to  his  notice. 

Sec.  S7S-     That  the  City  Assessor,  on  being  in-     Assessor  to  give 

^/vJ  J  '  o^  owner       correct 

formed  of  the  exact,  present,  or  intended  location,  number, 
shall   designate  to  the  owner  or  occupant  of  any 
building  now  erected,  in  process  of  construction,  or 
hereafter  to  be  erected,  the  correct  numbering  of 
such  building. 

Sec.  S74-     Any  person  who  shall  take  down,  al-      Penalty  for  de- 

yJ/  ^  J     r  J  stroying,     or     re- 

ter,  deface,  destroy  or  conceal  any  number  assigned  moving  numbers, 
to,  or  placed  upon  any  building,  or  who  shall  place 
or  substitute,  or  permit  to  be  placed  or  substituted, 
an  erroneous  or  improper  number  to  be  retained 
upon  any  building,  shall  be  fined  therefor,  upon  con- 
viction, in  any  sum  not  exceeding  ten  dollars,  or 
imprisonment  not  exceeding  thirty  days. 

Sec.    t;7S-     Any   building   framed   of   wood,    or  May  8,  1838,  §2. 

,         .  ^'^  ,  ,      '='  .,  ^     ,        ,      .,'  May   10,   1898. 

having  more  wood  on  the  outside  of  the  building 


than  that  required   for  door  and  window   frames,  ings  defined, 
doors,  shutters,  sashes,  porticos  and  piazzas,  shall 
be  deemed  a  wooden  building,  and  subject  to  the 
penalties   hereinafter   prescribed;   and   the   roof   of 


228 


BUILDINGS. 


Sept.    6,    1870. 
May    10,    1898. 

Penalty  for 

erecting      wooden 
buildings. 


May  8,   1838,  §   4- 
May    10,    1898. 

Penalty  upon 
persons  employed 
in  the  construc- 
tion. 


Buildings  a  1  • 
ready  erected  to 
be  roofed  as  new 
buildings. 


Aug.   19,  1844,  §2. 

Size  of  parti- 
tion walls  of  tene- 
ment buildings. 


every  building  and  of  every  piazza  and  portico,  shall 
be  covered  with  some  material  not  combustible; 
otherwise  they  shall  be  deemed  each  to  be  a  wooden 
building,  and  subject  to  the  penalties  hereinafter 
prescribed  for  the  erection  of  wooden  buildings. 

Sec.  576.  Any  person  or  persons  who  shall  erect 
any  buildings  contrary  to  the  provisions  of  this  sub- 
division, on  any  of  the  lots  or  territory  described 
in  Section  567,  upon  proof  to  conviction,  shall  be 
fined  in  the  sum  of  not  less  than  three  hundred,  nor 
more  than  six  hundred  dollars ;  the  said  penalty  to 
be  recovered  in  any  court  of  competent  jurisdiction. 

Sec.  577.  That  every  person  who  shall  be  em- 
ployed in  the  building  or  construction  of  any  build- 
ing contrary  to  the  provisions  of  this  subdivision, 
shall,  on  conviction  thereof  before  any  court  ol 
competent  jurisdiction,  forfeit  and  pay  to  the  City 
the  sum  of  five  dollars  for  every  day  he  may  be  so 
employed. 

^'ec.  578.  That  whenever  hereafter  any  building 
already  erected,  shall  be  roofed  or  covered,  it  shall 
be  roofed  and  covered  as  new  buildings  are  hereby 
directed  to  be  done ;  and  the  owner  of  such  building 
and  all  persons  concerned  in  roofing  and  covering 
the  same  contrary  to  the  provisions  of  this  sub-di- 
vision, shall  be  subject  to  the  same  penalties  as 
though  the  said  building  had  been  newly  erected 
or  constructed. 

Sec.  579.  The  partition  wall  and  walls  between 
all  separate  tenement  buildings,  shall  be  constructed 
of  brick  or  stone,  and  shall  be  not  less  than  twelve 
inches  thick,  from  the  foundation  throughout  the 
building;  and  every  such  wall  and  walls  shall  pro- 
ject fourteen  inches  above  the  roof  of  each  separate 
tenement,  with  a  stone  cap;  every  building  shall 
be  deemed  and  considered  a  tenement  building 
within  the  meaning  of  this  sub-division,  which  shall 
contain  more  than  two  rooms  in  front  on  each  floor, 


BUILDINGS. 


229 


or  which  shall  be  built  with  a  passage  or  arched  way      y^hat     deemed 
between  distinct  parts  of  the  same  building,  or  which  jngg""^"*     ''"''''" 
building  shall  be  intended  for  the  separate  accom- 
modation of  different  families  or  occupants. 

Sec.  580.     It  shall  not  be  lawful  to  build,  erect,  jan.  n,  1845,  §2- 
or  construct  within  the  City  of  Charleston,  the  outer      Regulations  for 
walls  of  any  brick  or  stone  building  of  less  thickness  o''/  the°"wanf 'o" 
or  with   other  materials   than  are  hereinafter  ex-  bulwingr    ^*°"^ 
pressed;  that  is  to  say,  the  outer  wall  and  walls  of 
any  building,  of  the  height  of  two  stories,  shall  be 
of  brick  or  stone,  and  not  less  than  fourteen  inches 
thick  in  the  first  story,  and  not  less  than  nine  inches 
thick  in  the  second  story;  the  outer  wall  and  walls 
of  any  building  of  the  height  of  three  stories,  shall 
be  of  brick  or  stone,  and  not  less  than  fourteen  inches 
thick  in  the  first  story,  not  less  than  fourteen  inches 
thick  in  the  second  story,  and  nine  inches  thick  in 
the  third   story;  the  outer  wall  and  walls  of  any 
building  of  the  height  of  four  or  more  stories,  shall 
be  of  brick  or  stone,  and  not  less  than  fourteen  inches 
thick  in  the  first  story,  fourteen  inches  thick  in  the 
second   and   third   stories,   and   not   less   than  nine 
inches  thick  in  the  fourth  story. 

Sec.    581.     If  any  person  or  persons,   body  or 
bodies  corporate  or  politic,  shall  build  or  construct, 


lb.,    s    3- 


or  cause  to  be  built  or  constructed,  within  the  lim-  erectrrfg 'bliidirfgs 
its  of  the  City,  the  outer  wall  or  walls  of  any  brick  provisions  o°f  this^ 
or  stone  building,  or  any  part  thereof,  less  in  thick-  ^"•'-^i^isio"- 
ness  or  different  materials  than  are  expressed  and 
specified  in  this  sub-division,   such  person  or  per- 
sons, bodies  corporate  or  politic,  shall,  on  convic- 
tion, forfeit  and  pay  to  the  use  of  the  City  a  sum  not 
exceeding  one  thousand  dollars,  nor  less  than  five 
hundred  dollars,  and  shall  also  pay  a  further  sum  of 
twenty  dollars   for  every  week  during  ^^•hich   any 
such  outer  wall  or  walls  shall  remain  erected,  con- 
trary to  the  provisions  of  this  sub-division ;  and  in 
case  the  said  wall  or  walls  shall  not  be  pulled  down 


230 


BUILDINGS. 


lb..  §  4- 


Persons  employ- 
ed in  erecting 
buildings  subject 
to  penalties. 


lb.,  §  5. 


Police    to    give 
information. 


Penalties. 


May  14,   1895. 

Lintels  of  build- 
ings not  to  be  of 
wood. 


and  removed,  or  otherwise  made  conformable  to 
the  provisions  of  this  sub-division,  within  three 
months  after  such  conviction,  the  person  or  persons, 
body  or  bodies  corporate  or  pohtic,  so  offending, 
shall,  in  addition  to  the  said  penalty  of  twenty  dollars 
per  week,  be  subject  to  a  further  penalty  of  one  hun- 
dred dollars  for  his  or  their  neglect,  at  the  expiration 
of  every  three  months  from  the  date  of  such  convic- 
tion, until  the  said  outer  or  partition  wall  or  walls 
shall  be  pulled  down  and  removed,  or  otherwise 
made  conformable  to  the  provisions  of  this  sub-di- 
vision. 

Sec.  582.  Every  person  who  shall  be  employed 
in  the  building  or  construction  of  any  outer  wall 
or  walls  of  any  building,  contrary  to  the  foregoing 
provisions,  shall,  on  conviction,  forfeit  and  pay  to 
the  use  of  the  City  the  sum  of  five  dollars  for  every 
day  he  may  l>e  so  employed. 

Sec.  583.  It  shall  be  the  duty  of  the  police  to 
give  immediate  information,  by  report  in  writing, 
to  the  City  Council,  of  all  offences  committed 
against  this  sub-division ;  and  all  penalties  incur- 
red for  violation  of  any  of  the  provisions  of  this  sub- 
division, shall  be  recovered  by  the  City  Council,  in 
any  Court  of  competent  jurisdiction ;  one-half 
thereof  for  the  use  of  the  City,  and  the  other  half 
for  the  use  of  the  person  who  shall  inform  against 
and  prosecute  the  party  offending  to  conviction. 

Sec.  584.  It  shall  not  be  lawful  for  any  person 
to  build,  erect  or  put  up  any  lintel  extending  across 
the  front  of  any  house,  store  or  building  within  the 
limits  of  the  City  of  Charleston,  of  wood  or  other 
combustible  material,  but  any  such  lintel  so  reach- 
ing or  extending  across  the  front  of  any  such  house, 
store  or  building  shall  be  of  stone,  metal  or  other 
incombustible  material.  And  it  is  further  ordained 
that  all  (brick  and  wooden)  buildings  hereafter 
erected   in   the   City   of   Charleston   shall   have   fire 


BUILDINGS. 


231 


stops  of  incombustible  material  at  each  floor  from 
the  bottom  of  the  floor  joist  to  three  inches  above 
the  top  of  the  same;  said  fire  stops  at  each  floor 
shall  fill  the  spaces  full  between  the  studding  and 
furring  entirely  around  the  external  walls  of  the 
building  and  through  the  interior  wherever  the 
floor  joists  have  a  bearing.  In  dwelling  houses 
above  the  first  floor,  smoke  stops  of  wood  may  be 
placed,  said  smoke  stops  to  be  the  full  depth  of 
studding  and  not  less  than  two  inches  thick.  An 
incombustible  fire  stop  shall  be  put  around  all  verti- 
cal piping  at  each  floor.  All  ventilation  ducts  or 
pipes  shall  be  of  incombustible  material.  Any  per- 
son violating  this  section,  or  any  oj  either  of  the 
provisions  thereof,  shall  upon  conviction  pay  a 
fine  not  exceeding  one  hundred  dollars  or  be  im-  Penalty, 
prisoned  for  a  period  not  exceeding  thirty  days,  and 
in  addition  thereto  a  fine  of  five  dollars  for  each  and 
every  day  that  such  violation  of  this  section  gr  any 
provision  thereof  shall  remain  after  notice  to  rem- 
edy the  same. 

Sec.  585.     It  shall  be  made  the  duty  of  the  occu-  ^f\'t:^l^t^' 
pant  of  every  store  or  building  where  trap-doors  or      xrap-doors     i^ 
other  openings  are  daily  used  for  hoisting  or  lo\v-  |d°every°evenfng! 
ering  goods,  or  for  any  other  purpose,  to  cause  the 
same  to  be  closed  and  fastened  every  evening  be- 
fore leaving  the  premises.     And  every  person  so 
engaged,  failing  to  comply  with  the  foregoing  pro-  p^"'*'*>'- 
visions,  shall  forfeit  and  pay  a  fine  of  not  less  than 
one  hundred  dollars,  to  be  recovered  in  any  court  of 
competent  jurisdiction;  one-half  to  the  use  of  the 
informer,  and  the  remainder  to  the  use  of  the  City : 
Provided,  That  nothing  herein  contained  shall  af-  P'"o^'so. 
feet  any  place  where  permanent  and  substantial  rail- 
ings or  wood-work  enclose  the  openings  mentioned. 

Sec.  586.    That  before  the  erection,  construction,  •^^"'  '°'  '^  ^' 


or  alteration  of  any  building"  or  part  of  a  building  inJs^"to°be''"ub- 
in  the  City  of  Charleston  is  commenced,  the  owner,  ^^^\^^J  '"  ^'^^  ^^" 


232 


CHIMNF.YS. 


Permits  to 
erect  or  alter 
buildings  only  is- 
sued to  licensed 
workmen. 


Provisoes. 


Penalty. 


architect  or  builder,  shall  notify  the  City  Assessor 
of  the  City,  and  shall  submit  to  him  a  statement  in 
writing  of  the  specifications  and  plans  for  such  erec- 
tion, construction,  or  alteration  or  otherwise,  and 
a  record  of  said  statement  shall  be  kept  in  the  office 
of  said  City  Assessor;  and  any  person  or  persons 
failing  to  comply  with  any  requirements  of  this  sec- 
tion shall  be  subject  to  a  penalty  of  twenty  dollars, 
and  to  an  additional  fine  of  ten  dollars  for  every  day 
that  such  violation  shall  continue. 

Sec.  587.  No  owner,  architect  or  builder  shall 
be  allowed  to  erect,  construct  or  alter  any  building 
without  the  written  permission  of  the  City  Asses- 
sor, which  said  written  permission  shall  be  given  by 
him  to  such  persons  only  as  are  regularly  licensed 
by  the  city  to  do  and  perform  such  work : .  Provided, 
No  license  shall  be  required  from  individuals,  firms, 
or  corporations  doing  their  own  construction  or  re- 
pair work,  or  engaged  in  any  business  requiring  the 
employment  of  mechanics  in  the  natural  course  of 
conducting  such  business,  for  which  business  the 
said  individuals,  firms  or  corporations  have  already 
taken  out  a  proper  license. 

Any  person,  firm  and  in  the  case  of  corporations, 
any  officer  or  officers  thereof,  found  guilty  of  violat- 
ing this  ordinance,  shall  be  fined  not  more  than  one 
hundred  dollars  or  be  imprisoned  not  more  than 
thirty  days. 


Chiiiiiirv-';. 


Chimneys       o 
wooden  houses. 


Jan.  19,  1858,  §1.  Sec.  588.  It  shall  not  be  lawful  to  build  or  con- 
f  struct,  or  cause  to  be  built  or  constructed,  any  chim- 
ney in  any  frame  or  wooden  building  within  the 
City  unless  such  chimney  shall  be  commenced  from 
the  foundation  of  the  said  frame  or  wooden  build- 
ing, and  be  constructed  of  brick  or  stone. 

Sec.  589.     It  shall  not  be  lawful  to  build  or  con- 


CHIMNEYS. 


233 


Struct,  or  cause  to  be  built  or  constructed,  any  chim-   May  ,4,  ,895. 
ney  to  any  building,  whether  the  said  building  be  of      chimneys      t^ 
wood,  brick  or  stone,  unless  the  said  chimney  shall  ^bove  roof"     ^^^^ 
rest  at  least  two  feet  above  the  ridge  or  highest  part 
of  the  roof  of  the  building  out  of  which  it  projects, 
and  be  constructed  of  brick  or  stone  and  commenced 
from  the  foundation  of  such  building.     No  wood- 
work shall  be  secured  to  the  brickwork  of  any  flue 
or  chimney.     Fireplaces  shall  be  closed  in  with  an  ciJsed"in"and*  no 
iron  bar.  and  no  wood  shall  be  used  in  the  construe-   "'""''  ^"  ^^  "'"'''■ 
tion  of  any  chimney,   fireplace  or  hearth.      Stoves 
shall  be  placed  upon  bases  of  some  incombustible 
material ;  their  bodies  shall  be  at  least  twenty  inches 
and  smoke  pipe  at  least  eighteen  inches  from  any 
unprotected    woodwork.      Woodwork    within    said 
distances  shall  be  protected  by  metal  covering,  and 
if  within  less  than  one-third  of  said  distances  shall 
have  a  double  metal  covering,  with  ventilating  space 
between.     No  chimney,  smokestack  or  other  struc- 
ture for  the  escape  of  smoke  or  heat  shall  be  erected, 
maintained  or   used   in  such   condition  as  to  be  a 
nuisance  or  as  to  endanger  adjacent  or  surround- 
ing property. 

Sec.  590.  It  shall  not  be  lawful  to  build  or  con-  Jan.  19,  1858,  §3. 
struct,    or   cause    to    be   built    or   constructed,    any  Hearths, 
hearth   in   any   building  whatever,    unless   the   said 
hearth  shall  rest  upon  an  arch  of  brick  or  stone. 

Sec.  591.  Any  person  offending  against  any  of  ''^-naity. 
the  foregoing  provisions  shall  be  subject  to  a 
penalty  of  one  hundred  dollars  for  each  offence,  or 
imprisonment  not  exceeding  thirty  days,  and  also 
an  additional  penalty  of  twenty  dollars  for  each 
week  that  said  offence  shall  remain  and  continue 
contrary  to  the  provisions  of  the  three  preceding 
sections. 

Sec.  592.      If  any  chimney  in  the  city  shall  take   '^^^-  ['^  '^^^^ 
fire  and  blaze  out  at  the  top  the  contractor  in  whose    —     r~r~r. 

i  _  Penalty  if  chim- 

district  the  chimney  may  be  located  shall  be  subject  "^y  shaii  take  fire. 


234 


CHIMNEYS. 


May  10,   1898. 

Fire-masters  to 
enforce  certain 
sections. 


May   10,    1898. 

Chief  of  Fire 
Department  t  o 
grant  permit  to 
erect  chimneys, 
etc. 


Chief  of  Fire 
Department  to  in- 
spect. 


to  a  fine  at  the  discretion  of  the  Court,  not  exceed- 
ing ten  dollars,  on  judgment  to  that  effect  being 
rendered  against  him  in  the  Police  Court :  Pro- 
vided, That  the  said  contractor  may  clear  himself 
by  proof  that  the  said  chimney  has  been  swept  by 
him  within  a  month,  or  that  he,  the  said  contractor, 
has  offered  to  sweep  the  same  within  the  said  pe- 
riod, has  notified  the  owner  and  occupant,  and  has 
not  been  permitted  to  do  so;  or.  Provided,  further, 
that  the  said  fiame  has  been  caused  by  inflam- 
mable material  having  been  placed  in  the  chimney 
by  some  person  or  persons,  in  which  cases  the  per- 
son or  persons  so  refusing  to  allow  the  said  chimney 
to  be  swept  or  so  placing  the  inflammable  material 
in  said  chimney  shall  be  subject  to  a  fine  not  ex- 
ceeding ten  dollars,  or  imprisonment,  at  the  discre- 
tion of  the  Court,  not  exceeding  thirty  days,  for 
each  and  every  offence. 

That  the  enforcement  of  the  laws  re- 
lating to  "buildings  and  chimneys"  contained  in 
Sections  575,  576,  577,  578,  579,  580,  581,  582, 
583,  584,  585,  586,  587  and  588  of  the  General  Or- 
dinances so  far  as  they  come  within  the  scope  of 
the  fire  department,  in  any  part  of  the  City  of 
Charleston,  be  and  the  same  is  hereby  placed  in  the 
hands  of  the  board  of  firemasters. 

Sec.  593.  It  shall  be  the  duty  of  every  owner, 
contractor,  builder  or  workman  contemplating  the 
doing  of  any  work  on  chimneys,  smoke  flues  or 
heating  apparatus  to  first  notify  the  chief  of  the  fire 
department  of  the  nature  and  location  of  such  work 
and  obtain  a  permit  from  him  before  commencing 
the  same,  and  the  said  chief  of  the  fire  department 
shall  straightway  give  a  permit  in  writing,  if  the 
work  contemplated  is  proposed  to  be  done  in  com- 
pliance with  law,  but  not  otherwise. 

Sec.  594.  It  shall  be  duty  of  every  owner,  con- 
tractor or  builder  to  give  written  notice  to  the  chief 


CHIMNEYS. 


235 


Chief     to     fur- 
nish a  certificate. 


Roof     to     have 
trap   door. 


of  the  fire  department  whenever  new  chimneys, 
smoke  flues  or  heating  apparatus  are  being  erected 
by  such  owner,  contractor  or  builder,  and  before 
such  work  has  been  covered  with  plastering,  laths 
or  other  covering,  whereupon  the  said  chief  of  the 
fire  department  shall  have  said  work  inspected,  and 
within  forty-eight  hours  after  such  written  notice 
has  been  given  him. 

And  the  said  chief  of  the  fire  department  shall 
immediately  after  such  inspection  has  been  had 
furnish  the  owner,  contractor  or  builder  so  notify- 
ing him  with  a  certificate  to  the  effect  that  such 
work  has  been  done  in  compliance  with  the  law : 
Provided,  however.  That  he  shall  refuse  to  give 
such  certificate  upon  finding  that  the  said  work 
has  been  done  contrary  to  law. 

Sec.  595.  Every  owner,  contractor  or  builder 
who  shall  hereafter  erect  any  building  within  the 
limits  of  the  City  of  Charleston  shall  cause  the  same 
to  be  constructed  with  an  opening  of  not  less  than 
2x3  feet  in  size,  with  trap  door  near  the  ridge  of 
the  roof,  and  also  a  scuttle  hole  of  similar  size  in 
the  upper  ceiling,  and  directly  under  the  said  open- 
ing the  roof  of  such  building. 

Sec.    c:g6.     The  chief  of  the  fire  department  is      chief    to    fur- 

1-  -11  ■  r      1         "'^'^      copies      of 

hereby  dn-ected  and  required  to  keep  copies  01  the  building  laws, 
building  laws  at  his  ofiice  at  all  times  and  to  give 
the  same  free  of  charge  to  all  owners,  contractors 
or  builders  making  application  for  them. 

Sec.  SQ7-       It  shall  be  the  duty  of  every  chim-      Contractor    to 

^^'  1      1  •         1         '1  -1  report      dangerous 

ney    contractor,    and    he    is    hereby    required,    to  chimneys. 
report  to  the  chief  of  the  fire  department  any  and 
all  chimneys  found  by  him  to  be  defective  or  dan- 
gerous. 

Sec.  598.     Any  person  or  persons  violating  any  Penalty, 
of  the  foregoing  sections  shall  upon  conviction  be 
subject  to  a  fine  of  one  hundred  dollars,  or  to  im- 
prisonment not  exceeding  thirty  days,  for  each  and 
every  offence. 


236 


CHIMNEY  CONTRACTORS. 


Nov.   12,   1895. 

Scaffolding 
sidewalks. 


Penalty. 


Sec.  599.  That  all  persons  who  shall  undertake 
the  erection  or  improvement  of  buildings  within 
the  city  limits  necessitating  the  use  of  scaffolding 
on  the  sidewalks  shall  be  required  to  maintain  a 
clear  passage  on  the  sidewalk  and  to  erect  such  a 
platform  or  scaffolding  over  the  sidewalk  as  will 
protect  pedestrians  from  any  danger  from  falling 
material  during  the  course  of  construction. 

Sec.  600.  That  anyone  violating  the  above  pro- 
visions shall  be  subject  to  a  fine  not  exceeding  ten 
dollars  for  every  day  the  ordinance  is  violated  after 
being  notified,  or  imprisonment  not  exceeding  ten 
davs.  either  or  both,  in  the  discretion  of  the  court. 


Chimney  Contractors. 


Dec.    ID,    1883. 


Chimney 
tractors. 


Bond. 


Sec.  601.  There  -shall  be  annually  elected  by 
City  Council  at  the  first  regular  meeting  in  January 
six  contractors  for  sweeping  chimneys,  to-wit :  One 
for  Wards  One  and  Two,  one  for  Wards  Three  and 
Four,  one  for  Ward  Five  and  Six,  one  for  Wards 
Seven  and  Eight,  one  for  Wards  Nine  and  Ten,  and 
one  for  Wards  Eleven  and  Twelve.  Each  of  said 
contractors  shall  give  bond  to  the  City  Council  in 
the  penal  sum  of  one  thousand  dollars,  with  two 
good  sureties,  conditioned  for  the  faithful  perform- 
ance of  their  duty. 

Sec.  602.  All  and  every  person  occupying  a 
building  with  a  chimney  or  chimneys  thereto,  in 
which  a  fire  is  usually  made,  shall  allow  and  permit 
the  said  contractor  or  contractors  to  visit,  inspect, 
and  cause  to  be  swept,  the  said  chimney  or  chim- 
neys, once  in  every  month,  and  he,  she,  or  they,  pay 
fee^"^"^"^*  *°  P^^  for  such  swccpiug,  the  fees  hereinafter  prescribed. 
And  in  case  any  person  shall  oppose  or  prevent  the 
sweeping  of  any  chimney,  as  before  directed,  he,  she 
or  they  making  such  opposition,  on  conviction  there- 
of, before  the  Recorder,  shall  be  fined  in  a  sum  not 
exceeding  fifty  dollars. 


Jan.   16,   1866,  §2. 
Inspection. 


Penalty    for    re 
sistance. 


CHIMNEY  CONTRACTORS. 


2Z1 


Sec.  603.     If  the  contractor  for  sweeping  shall        ib.,  j;  3. 
neglect  his  duty  in  not  causing  the  said  chimney  to      penalty  for  neg- 
be  swept  perfectly  neat  and  clean,  or  leaving  any  '"*  °^  ^"'^' 
chimney    w-hich    (^ught    to    be    swept,    unsw^pt    for 
one  month,  as  hereinafter  directed,  said  contractor, 
on  information  before  the  Recorder  of  such  neglect, 
shall,  on  conviction  thereof,  be  fined  a  sum  not  ex- 
ceeding   fifty    dollars  : .  Provided,  Said     contractor 
was  not  opposed  or  prevented  from  sweeping  said 
chimneys;  then    (if  opposed)    the  fine  may  be  in- 
flicted on  the  occupant  or  owner  of  "the  house. 

Sec.  604.     Said  contractor  shall  give  notice,  in         ib.,  *;  4. 
public  print,  of  the  time  and  hour  the  chimney  or  Pubiic  notice, 
chimneys  is  or  are  to  be  swept,  which  notice  shall  be 
given  at  least  two  days  before,  and  such  sweepings 
shall  take  place  at  a  proper  and  convenient  hour; 
and  such  contractors  shall  keep  each  an  office,  en- 
titled a  "Sweep's  Office."  centrally  located,  w^here  '^'^'^^• 
any  person  sending  for  a  sweep  shall  be  immediately 
accommodated  with  one,  or  as  soon  thereafter  as 
possible. 

Sec.  605.  In  all  cases  of  neglect  of  the  said  con-  ib.,  §  5. 
tractors,  (not  herein  provided  for,)  on  conviction  other  penalties, 
thereof  such  contractor  shall  be  fined  in  any  sum 
not  exceeding  fifty  dollars ;  and  that  any  sweep-boy 
sweeping  or  offering  to  sweep  chimneys  in  this  City, 
unless  licensed  by  the  contractor,  shall  be  fined  in  a 
sum  not  exceeding  five  dollars. 

Sec.  606.     The  following  fees  shall  be  allowed         ib--  ii  6. 
for    sweeping   chimneys,    viz :    ten    cents    for    each   Fees. 
story,  which  fees  shall  be  paid  by  the  owner  or  oc- 
cupant of  the  house  or  rooms  before  the  chimneys 
therein  are  swept. 

Sec.  607.     Houses  which  have  chimneys  wherein        ^^•'  ^  ''■ 
anthracite  coal  is  exclusively  burnt,  wall  be  required  i^^emptions. 
to  be  sw^ept  only  at  the  option  of  the  owner  or  oc- 
cupant. 

Sec.  608.     Any  owner  or  occupant  of  any  house. 


238 


BICYCLES— CARRIAGES,    CARTS,   DRAYS,   HORSES,    ETC. 


April  13,  1880. 

Penalty  for  re- 
fusing t  o  have 
chimney   swept. 


rooms  or  room,  the  chimneys  of  which  are  required 
to  be  swept,  who  fail  or  refuse  to  have  the  same 
swept  upon  being  notified  by  the  chimney  contrac- 
tor, whose  duty  it  is  to  sweep  the  same,  shall  be 
liable  for  each  ofifence  to  a  fine  of  not  more  than 
two  dollars,  or  to  imprisonment  not  exceeding  ten 
days,  upon  conviction,  and  out  of  which  fine  the 
fees  for  sweeping  such  chimneys  shall  be  paid.  It 
shall  be  the  duty  of  the  chimney  contractors  to  re- 
port to  and  summon  before  the  Court  trying  the 
case,  all  persons  in  their  respective  wards,  who  may 
violate   the   provisions   of  this   sub-division. 


CHAPTER  XIV. 

BICYCLES— CARRIAGES,    CARTS,    DRAYS, 
HORSES,   ETC. 


Oct.   12,  1897. 

Unlawful  t  o 
run  bicycles  on 
sidewalks. 


Bicycles  to  have 
a  bell. 


To  have  a  lamp 
at  night. 


Unlawful  for 
three  persons  to 
ride   abreast. 


Sec.  609.  It  shall  be  unlawful  for  bicycles  to 
be  used  or  run  on  any  of  the  sidewalks  or  in  any  of 
the  public  parks,  except  Marion  square,  in  the  City 
of  Charleston. 

Sec.  610.  Every  bicycle  shall  be  provided  at  all 
times,  when  in  use,  with  a  bell,  which  may  be  dis- 
tinctly heard  at  a  distance  of  thirty  yards,  which 
shall  be  rung  whenever  approaching  crossings  or 
turning  corners  of  intersecting  streets,  lanes  and 
alleys,  and  also  whenever  collision  is  apparently  im- 
minent. 

Sec.  611.  Every  bicycle,  when  in  use  between 
sunset  and  sunrise,  shall  carry  a  lighted  lamp,  which 
may  be  distinctly  seen  at  a  distance  of  not  less  than 
one  hundred  yards. 

Sec.  612.  It  shall  be  unlawful  for  more  than 
three  persons  to  ride  abreast,  or  for  any  persons  to 
ride  a  bicycle  crosswise  or  curving  to  and  fro,  or  to 
ride   a   bicycle   without   having   one   hand   on   the 


CARRIAGES,  CARTS,  DRAYS.  239 

handle  bar.   or  to  ride   without  havino-  control   of      To    have    con- 

1         1  •         -1  1  11  •   1   •  1         *''°'  °^  wheel. 

the  bicycle,  on  any  street,  lane  or  alley  withni  the 
city  limits. 

Sec.  6n.   It  shall  be  unlawful  for  anyone  to  ride    .Unlawful      to 

1-1  r      1  ,  1,  r    """^^      through 

a  bicycle  on  any  oi  the  streets,  lanes  or  alleys  of  streets  faster  than 

,  .  r  1      1  -1  seven     miles     per 

the  city  at  a  greater  rate  of  speed  than  seven  miles  hour. 
per  hour,  and  it  shall  be  unlawful  for  anyone  to  ride 
a  bicycle  across  the  intersection  of  any  street,  lane 
or  alley  or  in  turning  a  corner  of  any  street,  lane 
or  alley  at  a  greater  rate  of  speed  than  four  miles 
per  hour. 

Sec.  614.  Any  person  or  persons  violating  or  Penalty, 
causing  to  be  violated  any  of  the  provisions  of  Sec- 
tions 609,  610,  611.  612,  613  shall,  on  conviction, 
be  fined  in  a  sum  of  not  less  than  one  dollar  nor  more 
than  twenty  dollars,  or  be  imprisoned  for  a  term  not 
exceeding  five  days,  either  or  both,  in  the  discretion 
of  the  court. 

Carriages,  Carts,  Drays. 

Sec.  61  =;.     Licenses  of  the  tenor  and  for  the  pur-  ijfp"'  ^3.  1889. 

^'  i  Nov.   23,   1897. 

poses  mentioned  in  this  section  and  its  several  sub-  vehicles  to  be 
divisions  shall  be  granted  by  the  city  treasurer  once  licensed, 
in  every  year,  to-wit :  between  the  2d  and  loth  days 
inclusive  of  January,  in  each  and  every  year,  to  such 
person  or  persons  as  may  apply  therefor  as  herein- 
after directed ;  and  every  such  license  shall  be  and 
continue  in  force  for  one  year  from  the  first  day  of 
January  and  no  longer :  Provided,  nevertheless. 
That  the  city  treasurer  may  be  authorized  to  grant 
such  licenses  to  such  persons  as  may  not  have  applied 
within  said  specified  days  of  the  said  month,  who 
shall  notwithstanding  pay  therefor  as  though  they 
had  obtained  licenses  for  a  full  and  entire  year,  com- 
mencing at  the  period  above  stated. 

Sec  616.     It  shall  be  the  duty  of  the  city  treas-      Treasurer     to 

,  ,  111  •      1  1       •  furnish       metal 

urer  to  cause  to  be  made  a  metal  badge,  suitably  in-  badge. 


240 


CARRIAGES,  CARTS,  DRAYS. 


scribed,  the  design  and  numerals  thereon  to  be  cut  in 
such  an  effective  way  as  will  prevent  imitation, 
to  be  supplied  to  all  persons,  as  directed  in  Sec- 
tion 615,  taking  out  a  license  for  a  vehicle, 
cart,  (including  farm  carts,)  dray,  hack  or  wagon, 
and  it  shall  be  the  duty  of  all  persons  taking 
Badge  to  be  af-    q^^    ^g^[(\    hccusc    to    sccurcly    affix    Said    badge    to 

fixed      to      blind,  ■'  _  •s 

etc.  the  blind  of  the  bridle  on  the  right  hand  side,  or 

some  conspicuous  place  on  the  right  hand  side  of 
the  vehicle,  and  should  at  any  time  this  license 
badge  be  found  not  so  secured  and  displayed  in  the 
place  herein  designated,  the  owner  thereof  shall  be 
liable  to  a  penalty  of  20  per  cent  of  the  cost  of  said 
license  as  fixed  in  Section  617  for  each  and 
every  such  neglect.  It  will  not  be  obliga- 
tory on  the  owner  of  public  carriage,  coaches  or 
omnibuses  to  affix  the  badge  as  required  by  this 
Section — but,  in  lieu  thereof,  the  drivers  of  said 
carriages,  coaches  or  omnibuses  shall  at  all  times  be 
prepared  to  exhibit  said  badge  when  demanded  by 
an  authorized  officer  of  the  city  government ;  and 
upon  the  failure  to  produce  said  badge  when  so  de- 
manded the  owner  of  all  such  public  vehicles  shall 
be  liable  to  a  fine  of  $15  for  each  and  every  such 
Special  list  of    failure.     There  shall  be  kept  at  the  treasurer's  of- 

badces    issued    to  '^  _ 

be^kept  by  Treas-  fice  d.  spccial  Hst  of  all  such  Hccnse  badges,  showing 
the  number  of  said  badge  and  the  name  of  the 
person  to  whom  it  has  been  issued ;  and  no  sale, 
transfer  or  assignment  of  any  dray,  cart  or  wagon 
license  or  badge  issued  by  and  purchased  from  the 
city  treasurer  as  required  by  this  section  shall  be 
lawful  or  valid,  nor  shall  vest  any  right  thereunder 
in  the  purchaser,  transferee  or  assignee  thereof  un- 
less such  sale,  transfer  or  assignment  shall  be  first 
reported  to  the  city  treasurer  and  entered  on  the 
list,  or  in  the  book  in  which  such  license  or  badge  is 
recorded ;  and  any  person  having  in  his  possession 
or  using  any  such  license  or  badge  without  first  hav- 


urer. 


CARRIAGES,  CARTS,  DRAYS. 


241 


ing  the  same  recorded  in  his  name  in  the  office 
of  the  city  treasurer  shall  be  subject  to  a  fine  of  ten 
dollars  or  to  imprisonment  not  exceeding  thirty 
days. 

Sec.  617.  For  the  licenses  or  badges  required  by  <^ost  of  badges, 
this  section  the  following  sums  shall  be  paid  for 
the  use  of  the  corporation ;  that  is  to  say,  for  ve- 
hicles, carts  used  for  business  purposes,  (including 
farm  and  phosphate  carts,)  trucks  or  wagons, 
drays,  hacks : 

a.  Drawn  by  one  horse,  each $10  00 

b.  Drawn   by   two   horses,    each 15  00 

c.  Coaches,  omnibuses,  drawn  by  two  horses, 

each  15  00 

d.  Buggies    and    carriages,    drawn    by    one 
horse,    each    10  00 

e.  Buggies    and    carriages,    drawn    by    two 
horses,  each  15  00 

and  every  person  applying  to  the  city  treasurer  for 
a  license  or  badge  for  letting  or  driving  for  hire  any 
of  the  vehicles  described  in  this  section  shall  take 
and  subscribe  before  him  the  following  oath,  to-wit : 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  oath. 
case  may  be)  that  the  omnibus,  hack,  carriage,  cart, 
dray,  truck  or  wagon  for  which  I  have  now  applied 
for  a  license  is  truly  and  bona  fide  my  property,  or 
the  property  of  C.  D.,  for  whom  I  apply  therefor  as 
agent.     So  help  me  God. 

Sec.  618.  Whenever  any  person  to  whom  a  li-  to^DTreoorted'^to 
cense  or  badge  shall  have  been  granted  as  afore-  Treasurer, 
said  shall  lose  the  said  metal  badge,  or  the  same 
be  in  any  way  destroyed,  it  shall  be  the  duty  of  such 
person  to  inform  the  city  treasurer  of  such  loss  or 
destruction ;  who,  upon  being  satisfied  of  the  truth 
of  such  statement,  shall,  and  he  is  hereby  authorized 
to,  grant  a  certificate  to  such  persons  of  his  having 
16 


242 


AUTOMOBILES. 


Penalty. 


Unlawful  for 
vehicle  not  to 
have     license. 


Licenses    a    lien 
on    vehicles. 


received  a  metal  badge  and  notified  him  of  the  loss 
or  destruction  of  the  same ;  and  every  person  neg- 
lecting to  give  the  information  hereby  required 
and  immediately  replace  the  said  number  shall  for- 
feit all  right  to  a  license  or  badge  for  the  said  year 
and  all  rights  and  privileges  conferred  by  the  pos- 
session of  such  license  or  badge. 

Sec.  619.  Every  vehicle  upon  which  a  license  is 
required  by  this  section  found  on  the  streets  with- 
out such  license  shall  be  arrested  by  the  police,  and 
it  shall  be  the  duty  of  the  police  to  arrest  all  such 
vehicles,  detaining  the  same  until  the  license,  to- 
gether with  the  fines  and  penalties  thereon,  hereby 
imposed  shall  be  paid. 

Sec.  620.  The  license  charge  and  all  fines  and 
penalties  imposed  by  this  Ordinance  and  its  several 
sections  are  hereby  made  liens  upon  the  vehicles, 
carts,  used  for  business  purposes,  (including  farm 
and  phosphate  carts,)  trucks  or  wagons,  drays  and 
hacks,  and  shall  l>e  enforceable  in  the  Police  Court, 
the  City  Court,  or  in  any  other  Court  of  competent 
jurisdiction. 


AiitouiohUcs. 


Feb.     12,    1 90 1. 


Speed 
mobiles. 


of    auto- 


To    have    gong. 


Ring  gong  when 
approaching  cor- 
ners. 


Sec.  621.  It  shall  be  unlawful  for  any  mobile, 
automobile,  locomobile  or  any  vehicle  of  a  similar 
character  to  be  used  or  run  on  any  of  the  sidewalks 
or  in  any  of  the  public  parks,  except  Marion  square, 
in  the  City  of  Charleston. 

Sec.  622.  Such  vehicles  shall  be  provided  at  all 
times,  when  in  use,  with  a  gong  or  bell,  which  may 
be  distinctly  heard  at  a  distance  of  thirty  yards, 
which  shall  be  rung  whenever  approaching  cross- 
ings or  turning  corners  of  intersecting  streets,  lanes 
and  alleys ;  also  whenever  collision  is  apparently 
imminent. 

Sec.  623.     Such  vehicles,  when  in  use,  between 


CARTS  AND  DRAYS.  243 

sunset  and  sunrise,  shall  carry  a  lighted  lamp,  which  to  have  a 
may  be  distinctly  seen  at  a  distance  of  not  less  than  ^fghf."^  '^""^  ^* 
one  hundred  yards. 

Sec.  624.  It  shall  be  unlawful  for  any  person  or  ^"|fj/"'  *°  ''""• 
persons  to  use  or  run  any  such  vehicles  abreast,  or 
curving  to  and  fro,  or  without  having  one  or  both 
hands  on  the  guide,  or  without  having  thorough 
control  of  such  vehicle,  on  any  street,  lane  or  alley 
within  the  city  limits. 

Sec.  621;.     It  shall  be  unlawful  for  anyone  to  run      speed    in    dtv 

not      to      exceed. 

any  such  vehicle  on  any  of  the  streets,  lanes  or  al-   lo  miles  an  hour. 

leys  of  the  city  at  a  greater  rate  of  speed  than  ten 

miles  per  hour,  and  it  shall  be  unlawful  for  anyone 

to  run  any  such  vehicle  across  the  intersection  of 

any  street,  lane  or  alley,  or  to  turn  a  corner  of  any 

street,  lane  or  alley  at  a  greater  rate  of  speed  than 

four  miles  an  hour. 

Sec.  626.  Any  person  or  persons  violating  any  Penalty. 
of  the  provisions  of  the  above  sections  shall,  on  con- 
viction, be  fined  in  the  sum  of  not  less  than  one  dol- 
lar or  more  than  twenty  dollars,  or  by  imprisonment 
for  a  term  not  exceeding  five  days,  either  or  both, 
at  the  option  of  the  court. 

Carts  and  Drays. 

Sec.  627.     No  carts  or  drays  shall  stand  or  ply  Dec.  30,  iSqs- 
for  hire  in  any  of  the  streets,  lanes  or  alleys,  but  be      Carts  and  drays 

--'  '  •'     '  not     to     ply     for 

divided  and  placed  by  the  police  under  the  direction   hire  except  at  ap- 

'■  -^         ,      ^  pointed  places. 

of  the  Mayor,  for  the  tune  being,  at  such  place  or 
places  as  may  be  appointed  by  him.  And  any  driver 
or  conductor  of  carts,  drays,  or  other  carriages, 
who,  after  having  their  stands  appointed,  shall  quit 
the  same,  or  ply  for  hire  in  any  other  place,  unless 
going  to  work,  or  to  their  respective  homes,  such 
driver  or  conductor  of  a  cart  or  dray  shall  be  sub- 
ject to  a  fine  for  every  such  offence  of  three  dol- 
lars, or  imprisonment  not  exceeding  three  days  in 
jail. 


244 


Feb.     5,     1833. 

Horses  and 
mules  not  to  run 
at    large. 


Penalty. 


Oct. 
Oct. 

All 


13. 
12, 


1896. 
1897- 


drivers  to 
pass  each  other 
on  the  left  hand. 


How 
ceed     in 

corners. 


to       pro- 
turnine 


CARTS  AND  DRAYS. 

Sec.  628.  No  horse  or  horses,  mule  or  mules, 
shall  be  permitted  to  run  at  large  or  be  driven 
through  the  streets  of  the  city,  without  being  prop- 
erly bridled  or  haltered,  and  led  by  some  person 
capable  of  managing  them ;  and  any  owner  or  per- 
son having  the  care  and  management  of  any  horse 
or  horses,  mule  or  mules,  offending  herein,  shall 
for  every  such  offence,  be  subject  to  a  penalty  not 
exceeding  five  dollars,  or  imprisonment  not  exceed- 
ing five  days,  and  the  police,  or  any  other  person 
are  hereby  authorized  to  take  into  his  or  their  pos- 
session any  horse  or  horses,  mules  or  mules,  so  run- 
ning at  large  or  driven  through  the  city,  and  the 
same  to  keep  until  the  owner  or  owners  thereof  shall 
defray  the  expense  of  keeping,  and  shall  also  pay 
the  fine  hereinbefore  provided. 

Sec.  629.  All  drivers  of  carts,  drays,  carriages, 
omnibuses  and  all  other  vehicles  moving  on  wheels, 
except  invalid  tricycles  or  chairs  and  baby  carriages, 
and  all  riders  of  horses,  mules,  bicycles  and  similar 
vehicles  shall  always  drive  or  ride  to  the  right  of 
the  center  line  of  the  street  and  near  the  footway  on 
their  right  hand,  except  while  actually  leaving  a 
place  of  departure  or  arriving  at  a  place  of  destina- 
tion, and  shall  pass  each  other  when  goi"g  in  oppo- 
site directions,  so  that  each  shall  have  the  other  on 
the  left.  In  overtaking  a  vehicle  or  ridden  animal 
going  in  the  same  direction,  or  any  obstacle  on  the 
right  hand  side  of  a  street,  lane  or  alley,  the  driver 
or  rider  shall  pass  said  overtaken  vehicle,  ridden 
animal  or  obstacle  on  the  left  of  the  vehicle  or  ani- 
mal so  overtaken  or  the  obstacle  to  be  passed,  re- 
turning to  the  right  hand  side  of  the  street,  lane  or 
alley  as  soon  as  practicable.  In  turning  corners 
to  the  left  drivers  or  riders  shall  keep  straight 
ahead  until  they  have  passed  the  center  line  of  the 
intersecting  street,  and  then,  and  not 
shall  they  turn  to  the  left.     In  turning 


until   then, 
corners  to 


CARTS  AND  DRAYS.  245 

the  right,  drivers  or  riders  shall  turn  as  near  to  the 
curb  on  their  right  hand  as  is  practicable.  In  turn- 
ing all  corners,  drivers  or  riders  shall  go  in  single 
file:  Provided,  however,  That  wherever  special  bi-  P'^o^'so. 
cycle  paths  are  laid  down  on  any  of  the  streets, 
lanes  or  alleys  in  the  city,  all  drivers  of  carts  or 
similar  vehicles  with  iron-tired  wheels  shall  keep 
said  vehicles  off  of  said  bicycle  paths,  except  when 
crossing  street  intersections,  passing  overtaken  ve- 
hicles or  going  to  or  from  their  places  of  destination 
or  departure.  Any  person  violating  this  section 
shall,  upon  conviction,  be  subject  to  a  penalty  of  not 
less  than  one  dollar,  or  more  than  twenty  dollars,  Penalty. 
or  be  imprisoned  for  a  term  of  not  more  than  five 
days,  either  or  both,  at  the  option  of  the  court.  . 

Sec.  630.     If  any  person  shall  run  or  race  any   May  5,  ises. 


horse,  mare,  gelding,  or  other  animal,  or  start  the      Racing     ani- 

same  for  racing,  within  the  City  of  Charleston,  or  if  its. 

any  owner  or  keeper  of  such  horse,  mare,  gelding  or 

other  animal,  shall  permit  any  act  aforesaid  to  be 

done  within  said  city,  every  person  so  offending  on   Penalty. 

conviction   thereof,    shall,    for   every   such   offence, 

pay  a  fine  not  exceeding  one  hundred  dollars,   or 

imprisonment   not  exceeding  thirty   days. 

Sec.    631.     If   any   person    shall    ride,    drive   or  ..nf^a^g"^  driving 
lead  any  horse,  mare,  gelding  or  other  animal  or 
more  than  one  of  such  animals  faster  than  at  the 
rate  of  six  miles  per  hour  in  any  street,  lane,  alley, 
market   place,    public   landing   or   common   in   said 
city,   or   if   driven   any   carriage,    wagon,    dray,   or  conveyances,"!!"!^ 
other  vehicle  drawn  by  any  animal  or  animals,  or 
shall    ride   any   bicycle    in   any    street,    lane,    alley, 
market   place,   public   landing   or   common   in    said 
city  faster  than  at  the  rate  of  seven  miles  per  hour, 
every  person  so  offending,   on  conviction  thereof, 
shall  for  every  offence  pay  a  fine  not  exceeding  one   ^'^"^'ty- 
hundred  dollars  or  suffer  imprisonment  not  exceed- 
ing thirty  days. 


CARTS  AND  DRAYS. 


Fast  drivinK 
around  street  cor- 
ners   prohibited. 


Penalty. 


P  r  o  h  i  b  i  t  i  on 
against  loose  or 
careless   driving. 


Snapping  o  f 
whip  and  profane 
language  prohib- 
ited. 


Sec.  632.  If  any  person  shall  ride,  drive  or  lead 
any  horse,  mare,  gelding,  or  other  animal,  faster 
than  a  walk  turning  around  a  corner  at  the  inter- 
section of  any  street,  lane  or  alley,  with  another 
lane,  street  or  alley,  or  within  any  market  place, 
public  landing  or  common  in  said  city ;  or  if  any  per- 
son shall  drive,  or  cause  to  be  driven,  any  carriage, 
wagon,  dray  or  other  vehicle,  drawn  by  any  ani- 
mals, faster  than  a  walk,  or  shall  ride  a  bicycle  faster 
than  at  the  rate  of  three  miles  an  hour  while  turn- 
ing around  any  corner,  as  aforesaid,  in  said  city, 
every  person  so  offending  on  conviction  thereof, 
shall,  for  every  such  offence,  pay  a  fine  not  exceed- 
ing one  hundred  dollars,  or  suffer  imprisonment  not 
exceeding  thirty  days. 

Sec.  633.  If  any  driver  of  a  dray,  wagon,  car- 
riage, or  other  vehicle,  drawn  by  any  horse,  mare, 
gelding,  or  mule,  or  by  more  than  one  of  such  ani- 
mals, shall  within  the  city,  permit  such  dray, 
wagon,  carriage  or  other  vehicle  to  proceed,  being 
drawn  as  aforesaid,  on  any  street,  lane,  alley, 
market  place,  public  landing  or  common,  without 
the  said  driver  having  fast  hold  to  the  reins  of  such 
animal  or  animals,  or  without  being  so  near  that 
the  driver  can,  in  case  of  necessity,  instantly  take 
hold  of  such  reins,  every  driver  so  offending  shall, 
on  conviction  thereof,  for  every  such  offence,  pay 
a  fine  not  exceeding  one  hundred  dollars,  or  suffer 
imprisonment  not  exceeding  thirty  days. 

Sec.  634.  Any  hackman,  omnibus  driver,  dray- 
man or  cartman,  who  shall,  while  waiting  for  em- 
ployment at  any  stand,  or  while  while  waiting  for 
employment  or  otherwise  at  any  railroad  termina- 
tion, steamboat,  or  other  boat  landing,  or  elsewhere, 
leave  such  vehicle  except  for  the  purpose  of  getting 
the  baggage,  or  other  personal  property  of  the  per- 
son employing  him,  or  who  shall  snap  his  whip  or 
use  indecent  or  profane  language,  or  be  guilty  of 


CARTS  AND  DRAYS. 


247 


Penalty. 


boisterous  or  loud  talking,  or  hallooing,  of  any  dis- 
orderly conduct,  or  vex  and  annoy  travelers  or  citi- 
zens, or  obstruct  any  sidewalk,  shall  be  subject  to  a 
penalty  of  ten  dollars  in  every  case,  or  imprison- 
ment not  exceeding  five  days. 

Sec.   6^S-      No  owner,   driver  or  other  person.      Crossings 

^-J  '  r  '     streets    not 

having  the  care  of  any  truck,  cart,  wagon  or  other  obstructed. 

vehicle,  whether  used  for  burden  or  pleasure,  shall 

stop  or  place  such  vehicle  at  or  near  the  intersection 

of  any  street,  lane  or  alley,  in  the  direction  of  the 

line  of  the  footing  or  flagstones,   or  prevent  foot 

passengers  from  passing  the  street,  lane  or  alley,  in 

the  direction  or  the  line  of  the  footing  or  flagstones 

on  the  side  of  such  street,  lane  or  alley,  under  a 

penalty  of  not  less  than  three  nor  more  than  twenty 

dollars,   or   imprisonment  not   exceeding  ten   days, 

and  any  person  who  shall  have  so  placed  any  such 

vehicle,  as  aforesaid,  and  shall  not  immediately,  on 

the  request  of  any  foot  passenger,  cause  the  same  to 

be  removed,  or  who  shall  absent  himself  so  that  such 

request  cannot  immediately  be  made  and  complied 

with,  shall  be  liable  to  an  additional  penalty  of  not 

less  than  two  dollars  nor  more  than  ten  dollars  for  Penalty. 

each   offence,   or  imprisonment  not  exceeding  five 

days. 

Sec  636.  Every  driver  of  any  truck,  wagon  or 
other  vehicle  within  the  city  of  Charleston  shall  re- 
main near  to  such  vehicle  while  it  is  unemployed  or  employed 
standing  in  the  streets  or  squares  of  the  city,  unless 
he  shall  be  necessarily  absent  therefrom  in  the 
course  of  his  duty  and  business,  and  shall  so  keep 
his  horse  or  horses,  and  a  carriage  or  other  vehicle, 
so  that  the  same  shall  not  obstruct  the  said  streets 
or  squares,  or  other  public  passages,  in  any  other 
manner  than  is  allowed  by  law  or  the  ordinances  of 
the  City  Council ;  and  no  driver  of  any  carriage  or 
other  vehicle,  while  waiting  for  employment,  either 
at  any  stand  which  is  or  may  be  appointed  for  such 


of 
to   be 


Drivers  to  re- 
main near  their 
vehicles  while  un- 


Streets     not 
be    obstructed. 


to 


248 


CARTS  AND  DRAYS. 


Penalty. 


Police  to  arrest 
offenders  and  pre- 
serve   order. 


Resistance 
an    officer    in 
discharge     of 
duty. 


t  o 
the 
his 


Penalty. 


N'ehicles  to  be 
removed  from 
streets. 


Loaded  carts 
and  drays,  etc., 
not  to  be  driven 
through  K  i  n  K 
Street. 


carriages  or  other  vehicles,  respectively,  or  in  the 
public  streets  or  squares  of  the  city,  shall  snap  or 
flourish  his  whip ;  and  any  one  who  shall  vio- 
late either  of  the  provisions  of  this  section  shall  be 
liable  to  a  fine  of  not  less  than  two  dollars  nor  more 
than  twenty  dollars,  for  each  offence,  or  imprison- 
ment not  exceeding  ten  days. 

Sec.  637.  The  Chief  of  Police,  and  any  mem- 
ber of  the  police  force,  shall  have  power  to  arrest 
and  commit  any  person  offending  in  any  of  the  pro- 
visions of  this  sub-division,  who  refuses  or  fails  to 
desist  from  such  offence  when  committed.  He  and 
they  shall  have  power  to  give  any  directions  which 
may  be  required  for  the  preservation  of  good  order 
and  the  equal  convenience  of  the  public,  at  any  rail- 
road termination  and  steam  or  other  boat  landing; 
and  any  hackman,  drayman,  or  other  person,  who 
shall  refuse  or  neglect  to  obey  such  directions,  or 
who  shall  resist  such  officer  in  the  discharge  of  any 
duty,  shall  be  deemed  guilty  of  a  breach  of  the  peace 
and  be  subject  to  an  immediate  commitment.  On 
conviction,  the  offender  shall  be  subject  to  a  fine  of 
not  less  than  five  dollars  and  not  exceeding  one  hun- 
dred dollars,  or  to  imprisonment,  in  the  discretion 
of  the  Court,  not  exceeding  thirty  days. 

Sec.  638.  All  vehicles,  without  horses  harnessed 
thereto,  must  be  removed  from  their  stands  and 
from  the  streets  during  the  night  and  on  Sundays ; 
otherwise  they  will  be  removed  by  the  City  at  the 
expense  of  the  owners. 

Sec.  639.  It  shall  not  be  lawful  for  any  cart, 
dray,  wagon  or  other  carriage,  laden  with  cotton, 
lumber  or  other  merchandise  or  commodity,  to  be 
driven  through  King  street,  south  of  Calhoun 
street,  or  any  part  thereof,  save  and  except  for  the 
purpose  of  receiving  or  depositing  a  load  in  any 
such  part  of  said  street ;  and  any  driver  or  conductor 
of  any  such  cart,  dray,  wagon,  or  other  carriage, 


CARTS  AND  DRAYS. 


249 


offending  herein,  shall  be  subject  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  twenty  dollars, 
or  imprisonment  not  exceeding  ten  days. 

Sec.  640.  The  following  shall  be  the  established 
maximum  rates  for  the  use  of  hackney  coaches,  car- 
riaefes  and  omnibuses,  other  than  line  omnibuses 
within  the  city,  that  is  to  say :  From  or  to  any 
steamboat  landing  or  railroad  depot,  to  or  from  any 
hotel  or  private  residence  within  the  limits  of  the 
city,  for  each  passenger  fifty  (50)  cents,  but  with 
ordinary  baggage  seventy-five  (75)  cents;  from 
any  other  point  to  any  point  within  the  limits  of  the 
city,  for  each  passenger  fifty  (50)  cents;  for  the 
use  of  any  carriage  or  hack  when  the  same  is  not 
engaged  for  a  day  or  afternoon,  rate  per  hour,  one 
dollar  and  fifty  cents  ($1.50)  for  the  first  hour  and 
one  dollar  for  each  subsequent  hour. 

Sec.  641.  The  rates  of  fare  herein  established, 
printed  on  the  card,  with  the  name  of  the  owner  or 
owners  printed  thereon,  examined  and  certified  by 
the  Mayor  of  the  City,  shall  be  attached  to  some 
conspicuous  place  in  the  inside  of  every  omnibus, 
carriage,  or  hack  plying  for  hire ;  and  there  is  here- 
by imposed  a  penalty  of  five  dollars  for  every  neg- 
lect of  the  same,  to  be  paid  by  the  owner  or  own- 
ers of  such  omnibus,  carriage  or  hack. 

Sec.  642.  If  any  driver  or  owner  of  any  hack, 
carriage  or  omnibus,  other  than  line  omnibuses, 
shall  demand  or  receive  any  greater  rates  or  prices 
than  those  herein  allowed,  the  person  so  offending 
shall,  for  every  such  offence,  pay  a  fine  of  five  dol- 
lars, or  be  imprisoned  in  jail  not  exceeding  five 
days. 

Sec.  643.  If  any  driver  of  any  hack,  carriage  or 
omnibus,  or  any  other  person,  shall  lay  hold  upon  or 
take  possession  of  any  trunk,  baggage,  or  other  ar- 
ticle belonging  to  any  traveler  or  passenger,  at  any 
railroad  depot  or  place  of  landing  for  ships,  vessels 


Penalty. 


June   3,    1902. 

Rates     of     fare 
for   hacks,   etc. 


April    10,    1866. 

Rates  of  fare  to 
be  placed  in  con- 
spicuous place  in 
vehicles. 


Penalty. 


Penalty  for  de- 
manding more 
than  fare  allow- 
ed. 


Penalty  for  lav- 
ing hold  of  bag- 
gage without  con- 
sent   of    owner. 


250 


CARTS  AND  DRAYS. 


Jan.    10,    if 


Persons  with 
infectious  d  i  s  - 
eases  not  to  be 
removed  in  car- 
riages. 


Penalty. 


Dec.   26,   1882. 


Glanders  or  far- 


cy. 


Penalty. 


June   8,    1880. 

Cruelty    to    ani- 
mals unlawful. 


or  steamboats,  without  consent  of  the  owner  of  such 
trunk,  baggage  or  other  article,  or  of  the  pubhc  of- 
ficer in  attendance,  he  shall  be  subject  to  a  fine  of 
five  dollars,  or  be  imprisoned  not  exceeding  ten 
days,  in  the  discretion  of  the  court,  for  every  such 
offence. 

Sec.  644.  That  no  owner,  driver,  or  other  per- 
son having  the  charge  of  any  hackney  carriage  or 
other  vehicle,  used  as  a  public  conveyance,  shall  re- 
ceive, or  permit  to  be  placed,  or  convey  in  any  man- 
ner, in  or  upon  said  carriage  or  other  vehicle,  any 
person  sick  or  infected  with  the  smallpox  or  any 
other  contagious  disease,  or  the  body  of  any  person 
who  has  died  of  smallpox  or  any  other  contagious 
disease,  under  penalty  of  fifty  dollars,  or  imprison- 
ment not  exceeding  ten  days ;  that  the  body  of  any 
person  who  dies  of  smallpox  or  any  other  contagi- 
ous disease,  shall  be  removed  in  a  licensed  hearse 
and  in  no  other  conveyance. 

Sec.  645.  That  it  shall  not  be  lawful  for  any  per- 
son to  bring  or  keep  within  the  limits  of  the  city  of 
Charleston  any  horse  or  other  animal  having  a 
disease  known  as  glanders  or  "farcy."  That  the 
owner,  agent  or  any  other  person  in  charge  of  an 
animal  so  affected,  or  who  may  have  knowledge  of 
such  an  animal,  shall  forthwith  report  the  same  to 
the  Board  of  Health,  together  with  the  name  of 
such  owner  and  the  place  where  the  animal  is  kept, 
and  it  shall  be  disposed  of  under  the  direction  of 
said  board.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  for  each  and  every  of- 
fence, be  fined  in  a  sum  not  less  than  ten  dollars 
nor  more  than  fifty  dollars,  or  be  imprisoned  not 
exceeding  ten  days. 

Sec.  646.  That  it  shall  not  be  lawful  for  any 
person  or  persons  to  overload  any  animal  or  ani- 
mals of  burden  used  within  the  City  of  Charles- 
ton for  the  transportation  of  persons,  goods,  wares 


CARTS  AND  DRAYS. 


251 


and  merchandise ;  or  to  use,  work,  or  employ  in  any 
manner  any  bruised,  maimed,  sick,  or  lame  beast  of 
burden ;  or  to  cruelly  beat,  bruise,  ill-treat,  or  in  any 
manner  whatever  torture  such  beast  or  beasts,  or 
any  other  animal  or  animals.  Any  person  guilty  of 
violating  any  of  the  provisions  of  this  section  shall, 
on  conviction  thereof  before  any  court  of  compe-  Penalty. 
tent  jurisdiction,  be  subject  to  a  fine  of  not  more 
than  fifty  dollars,  or  be  imprisoned  for  a  period  not 
exceeding  thirty  days. 

Sec.  647.     That  it  is  hereby  made  the  duty  of      stands  for  ve- 

,.  -  i-iri--.i/— -2  f    hides       for       hire 

drivers  of  passenger  vehicles  for  hire  m  the  City  01  located. 
Charleston,  when  standing  in  the  streets  of  the  City 
of  Charleston  to  be  hired,  to  stand  at  the  following 
places,  to-wit : 

Chalmers    street,    south    side,    east    of    Meeting 
street,  one  stand. 

Cumberland  street,  south  side,  east  of  Meeting 
street,  one  stand. 

South  Market  street,  north  side,  east  of  Meeting 
street,  two  stands. 

North  Market  street,  south  side,  east  of  Meeting 
street,  two  stands. 

Cannon  street,  north  side,  west  Rutledge  avenue, 
three  stands. 

Clifford  street,  south  side,  west  of  King  street, 
two  stands. 

Market  street,  south  side,   west  of  King  street, 
one  stand. 

George  street,   south  side,   west  of  King  street, 
two  stands. 

Calhoun  street,  south  side,  east  of  King  street, 
two  stands. 

Line  street,  south  side,  west  of  King  street,  one 
stand. 

Line  street,   south   side,   east  of  Meeting  street, 
one  stand. 

Bay  street,  west  side,  north  of  Chapel  street. 


252 


CARTS  AND  DRAYS. 


Rate  of   fare. 


Rates  of  fare 
to  be  oosted  in 
vehicles. 


Driver 
badge. 


to    wear 


On  either  the  north  or  south  sides  of  Chapel 
street,  between  Drake  street  and  Bay  street :  Pro- 
vided, Iwzvcver,  That  said  vehicles  shall  at  no  time 
stand  in  front  of  doors  and  other  entrances  of  the 
railroad  stations :  And,  provided  further,  that  said 
vehicles  shall  not  stand  abreast  between  the  car 
tracks  and  the  sidewalk  of  said  street,  but  shall  be 
stationed  one  behind  the  other. 

Sec.  648.  That  it  shall  not  be  lawful  for  the 
drivers  of  said  vehicles  to  charge  exceeding  fifty 
(50)  cents  for  passengers  as  fare  from  or  to  any 
depot  in  the  City  of  Charleston,  to  or  from  any 
point  in  said  city.  And  further,  it  shall  not  be  law- 
ful for  the  said  drivers  to  charge  exceeding  one  and 
one-half  dollars  ($1.50)  for  the  first  hour  and  one 
dollar  per  hour  for  each  hour  thereafter  within  the 
city  limits  for  hire  of  any  vehicle,  without  regard 
to  the  number  of  passengers. 

Sec.  649.  That  it  is  hereby  made  the  duty  of  the 
drivers  of  said  vehicles  to  post  inside  the  vehicles, 
so  that  it  may  be  plainly  seen  by  passengers,  a 
printed  notice  showing  the  rates  fixed  by  this  ordi- 
nance, at  top  of  which  shall  read :  "The  driver  of 
this  vehicle  holds  driver's  badge  No.  — ." 

Sec.  650.  That  each  driver  of  vehicle  shall 
wear  a  badge  placed  on  the  outside  of  his  coat,  prop- 
erly numbered,  so  that  he  may  be  designated,  and 
the  number  on  the  badge  corresponding  with  the 
number  of  the  license  on  the  vehicle,  said  badge  to 
be  issued  yearly  and  shall  bear  the  date  of  the  year 
in  which  it  is  issued,  and  shall  be  furnished  by  the 
city  treasurer  upon  the  taking  out  of  the  license  for 
the  vehicle,  as  provided  in  Section  615  of  the  Gen- 
eral Ordinances,  and  any  amendments  thereto,  or 
that  may  hereafter  be  made. 

Sec.   651.     That   any   person    violating  this   or- 


DOGS.  253 

dinance  or  any  provisions  thereof  shall  be  subject, 
upon  con\'iction  before  the  Recorder's  Court  of 
the  City  of  Charleston,  to  a  fine  not  exceeding  p^naitv. 
twenty-five  dollars  ($25)  dollars,  and  to  imprison- 
ment not  exceeding  fifteen  (15)  days,  either  or 
both,  in  the  discretion  of  the  Court. 

Sec.  652.     When  any  horse,  mule,  cow,  or  cattle  Api.  12,  1859,  §i. 
shall  be  taken  up,  going  at  large  in  the  City,  by  any   ,  Horses,     -^ows. 

^  '   °  °  ®  •' '       •>  ■'      &c.,goine  at   large 

of  the  City  police,  or  shall  be  lodged  as  an  estray,  at  i-   be  taken   no. 

_,.  -I-.     1-  r-  ■  •         1       11    1  1  1  r      1  '^^'^   '^°^   disposed 

the  City  Police  Station,  it  shall  be  the  duty  of  the  of. 
officer  in  command  at  such  Police  Station  to  adver- 
tise such  horse,  mule,  cow  or  cattle,  in  one  of  the 
morning  papers  for  at  least  five  days;  and  if  the 
owner  shall  apply  for  the  same,  and  prove  his  prop- 
erty, and  pay  the  penalty  and  expenses  incurred,  the 
same  shall  be  delivered  up  to  him ;  but  in  the  event 
of  non-application  or  non-payment,  the  same  shall 
be  sold  at  public  outcry,  after  five  other  days'  notice 
in  one  of  the  newspapers  of  the  City,  and  the  pro- 
ceeds be  applied,  first,  to  payment  of  the  expenses 
and  the  penalty,  and  the  balance,  if  any,  be  held  sub- 
ject to  the  call  of  the  party  entitled. 


Dogs. 


Sec.  653.  Any  person  or  persons  owning,  keep-  peb.  n.  1804. 
ing  or  having  a  dog  or  dogs  within  the  limits  of  Badees! 
this  City  shall  annually,  before  the  ist  day  of 
March,  pay  to  the  City  Treasurer  the  sum  of  one 
dollar  for  a  badge  or  license  for  such  dog,  and  if 
more  than  one,,  one  dollar  for  each  dog,  which  shall 
be  in  lieu  of  all  taxation  and  shall  permit  such  dog 
or  dogs  to  go  at  large  under  charge  of  some  re- 
sponsible person  able  to  control  the  dog  or  dogs  un- 
der all  circumstances. 

Sec.    654.      The   City   Treasurer   shall   annually 
provide  a  sufficient  number  of  metal  badges  suit- 


254 


DOGS. 


Feb.    in.    1801. 


Badees 
numbered 
stamped. 


to     be 
and 


Feb.    13,    1894. 

Unlicensed  dog 
to    be    caught. 


How    redeemed. 


If    not    redeem- 
ed, to  be  killed. 


Feb.   10,   1891. 

Penalty    for    re- 
moving  badge. 


Pound       keeper 
to  keep  a   roster. 


able  for  dogs,  numbered  from  one  upwards,  with 
the  year  of  their  issue  stamped  on  them,  to  be  is- 
sued as  stated  in  Section  653;  the  name  and  resi- 
dence of  each  party  to  whom  a  badge  has  been  is- 
sued and  the  number  of  such  badge,  shah  be  kept 
on  file  in  the  City  Treasurer's  office,  for  the  pur- 
pose of  identification  in  case  such  badge  should  at 
any  time  be  lost,  stolen  or  otherwise  misappro- 
priated. 

Sec.  655.  No  dog,  licensed  or  otherwise,  shall 
go  at  large  in  this  City,  except  in  charge  of  some 
responsible  person  able  to  control  the  same  under 
all  circumstances.  Any  licensed  dog  found  going 
at  large  contrary  to  the  provisions  of  this  section, 
shall  be  caught  and  be  detained  in  some  suitable 
place,  and  the  owner  or  person  entitled  to  control 
shall  be  notified,  who  shall  be  entitled  to  redeem 
upon  the  payment  of  a  fine  of  fifty  cents :  if  said 
fine  shall  not  be  paid  within  three  days  after  such 
notice  the  said  dog  shall  be  killed. 

Any  unlicensed  dog  found  at  large  within  the 
City  limits,  shall  be  caught  and  detained  in  some 
suitable  place,  and  if  not  redeemed,  as  hereinafter 
provided,  within  three  days  shall  be  killed :  Pro- 
vided, hoivcz'cr.  That  any  such  dog  so  taken  up, 
may  be  redeemed  upon  exhibiting  a  receipt  from  the 
City  Treasurer,  showing  that  a  license  for  said  dog 
has  been  obtained,  and  upon  the  further  payment  of 
a  fine  of  one  dollar  and  fifty  cents. 

Sec.  656.  Whosoever  shall  wrongfully  remove 
the  badge  from  or  steal  a  licensed  dog,  or  wrong- 
fully kills,  maims,  entices  or  carries  away  any  such 
dog,  shall  be  punished  by  fine  not  less  than  twenty 
dollars  or  imprisonment  for  not  less  than  thirty 
days. 

That  it  shall  be  the  duty  of  the  Pound  Keeper,  to 
be  appointed  by  the  Mayor,  to  keep  a  registered 
roster,  from  day  to  day,  of  the  dogs  received  and  a 


DOGS.  255 

description  of  the  same,   and  the  name  and   resi- 
dence of  each  party  bringing  in  each  dog. 

Sec.  657.     If  any  owner  or  possessor  of  a  fierce      Fierce  or  dan- 
or  dangerous   dog,   Hcensed  or  not  Hcensed,   shall  fo^rat'^iarge.""* 
permit  the  same  to  go  at  large  in  the  City,  to  the 
danger  or  annoyance  of  any  of  the  inhabitants,  he, 
she,  or  they,  shall  be  liable  to  a  fine  of  not  less  than  Penalty. 
ten  dollars,  nor  more  than  t^venty  dollars,  and  upon 
a  second  conviction  for  the  same  offence,  the  Chief 
of  Police  shall  cause  the  said  dog  to  be  slain. 

Sec.  658.     All  bitches  running  at  large  while  in  Feb.  13,  1894- 
heat,  licensed  or  unlicensed,  shall  be  caught  and  de-      Bitches  in  heat 

1     •  -11  1  T  r  1  •  1     1   •      1         '^ot       ^°       SO       at 

tamed  m  some  suitable  place,  it  a  licensed  bitch,  large, 
the  same  can  be  redeemed  upon  the  payment  of  a 
fine  of  five  dollars ;  if  unlicensed,  the  said  bitch  can 
only  be  redeemed  by  the  payment  of  a  fine  of  five 
dollars  and  the  production  of  a  receipt  from  the 
City  Treasurer,  showing  that  a  license  has  been 
taken  out.  Should  said  penalties,  as  the  case  may  Penalty. 
be,  be  not  paid  in  three  days,  the  said  bitch  shall  be 
killed. 

Sec.  659.     That  whenever  it  shall  be  made  to  ap-  Feb.  10,  1891. 


pear  to  the  Mayor  that  there  are  good  reasons  for  be-      p  r  e  c  a  u  t  ions 
lieving  that  any  dog  or  dogs  within  the  City  are  ''^^'"^'  "'^     °^^' 
mad,  it  shall  be  the  duty  of  the  Mayor  to  issue  a 
proclamation   requiring  that   all   dogs   shall,    for  a 
period  to  be  defined  in  the  proclamation,   wear  a 
good  and  substantial  muzzle,  securely  put  on,  so  as 
to  prevent  their  biting,  and  any  clog  going  at  large  " 
during  that  period  defined  by  the  Mayor,  without 
such  muzzle,  shall  be  impounded,  and  if  said  dog  Muzzles.  : 

shall  not  be  redeemed  within  three  days,  by  the  pay- 
ment of  a  fine  of  one  dollar,  such  dog  shall  be 
slain. 


256 


COTTON. 


CHAPTER  XV. 

COTTON  —  GUNPOWDER  —  INFLAMMABLE      OILS- 
NAVAL    STORES— FIREWORKS,    ETC.— DIS 
TILLERIES,  ETC.— JUNK  SHOPS  AND 
PAWNBROKERS. 


Feb.   28,   li 


Lightering     cot- 
ton. 


Penalty. 


Nov.    9,    1897. 
Dec.   16,   1889,  §1. 

All  ships  and 
vessels  using  don- 
key engines  to 
have  spark  arrest- 
ers. 


Nov.    9,    1897. 

Penalty  for  fail- 
ure to  use  same 
after  notice. 


Cotton. 

Sec.  660.  It  shall  not  be  lawful  for  any  person 
to  lighter  cotton  within  the  port  of  Charleston,  un- 
less the  same  shall  be  securely  covered  in  from  dan- 
ger of  fire  by  good  and  sufficient  covering  of  wood, 
tin  or  tarpaulin,  under  a  penalty  of  fifty  dollars  for 
each  and  every  offence,  or  imprisonment  not  exceed- 
ing thirty  days. 

Sec.  661.  All  ships  and  vessels  now  in  the  port 
of  Charleston,  or  which  may  hereafter  come  to  the 
port  of  Charleston,  using  a  donkey  or  any  other 
engine  for  the  purpose  of  loading,  and  all  steam 
apparatus  of  every  kind  including  locomotives, 
steamboats,  or  stationary  engines,  employed  or  used 
on  or  near  any  of  the  wharves  of  the  said  City  of 
Charleston,  are  herebv  required  to  provide  and  use, 
so  long  as  the  said  steam  engines  or  apparatus  may 
be  employed  on  or  near  the  said  wharves,  proper  and 
sufficient  spark  arresters,  and  all  ships  and  vessels 
shall  use  such  spark  arresters  also  on  their  galley 
stove  pipes,  and  it  is  hereby  made  the  duty  of  the 
Harbor  Master  of  the  City  of  Charleston  to  notify 
the  captain  or  master  of  such  ship,  vessel  or  steam- 
boat, or  the  owner  or  person  in  charge  of  such  steam 
apparatus,  locomotive  or  stationary  engine  of  this 
requirement,  and  see  that  the  same  is  complied 
with. 

Sec.  662.  That  any  captain  or  master  of  any 
ship,  vessel  or  steamboat,  or  the  owner  or  person  in 


COTTON. 


257 


charge  of  any  steam  apparatus,  locomotive  or 
stationary  engine,  used  or  employed  on  or  near  any 
of  the  said  wharves  of  the  City  of  Charleston,  who 
shall  refuse  or  fail  within  forty-eight  hours  after 
notice  from  the  Harbor  Master,  to  provide  and  use 
such  spark  arresters,  as  hereinbefore  required,  shall 
be  liable  to  a  fine  not  exceeding  one  hundred  ($ioo) 
dollars,  or  to  imprisonment  not  exceeding  thirty 
days.  Jan.  27,   1885. 

Sec.  663.     It  shall  not  be  lawful  for  any  person      Regulations  for 

...  storine    cotton. 

or  persons  to  store,  keep  or  pile,  withui  the  hmits  of 
the  city,  in  any  building  not  constructed  of  brick  or 
stone,  and  covered  with  tile,  slate,  tin  or  other  incom- 
bustible material,  cotton,  loose  or  in  bales  or  bags, 
of  an}'  c[uantity  or  number  whatever.  Any  per- 
son or  persons  storing,  keeping  or  piling  cotton, 
loose  or  in  bales  or  bags,  in  any  building  within  the 
city,  contrary  to  the  provisions  herein  contained, 
shall  be  subject  to  a  fine  not  exceeding  one  hundred 
dollars,  nor  less  than  twenty  dollars,  or  imprison-  renaity. 
ment  not  exceeding  thirty  days,  for  each  day  such 
cotton,  loose  or  in  bales  or  bags,  shall  be  stored, 
kept  or  piled. 

Sec.  664.     It  shall  and  may  be  lawful  for  the   i^--  ^  ^- 

Mayor,  or  anv  Alderman,  to  enter  into  any  building-.      Cotton      other- 

■J        ■  -  .'  o'    \v,sg      stored      or 

lot  or  enclosure  where  cotton,  loose  or  in  bales  or  piled,   to   be   re- 

.  moved. 

bags,  may  be  stored,  kept  or  piled  contrary  to  the 
foregoing  provisions,  and  to  require  the  tenant  or 
owner  of  such  building,  lot  or  enclosure,  or  the 
owner  or  person  having  the  charge  of  such  cotton, 
to  remove  the  same ;  and  in  case  any  such  tenant, 
owner  or  other  person  shall  neglect  or  refuse  to 
remove  the  said  cotton  within  twelve  hours  after 
such  notice  given,  the  Mayor  is  hereby  empowered 
and  directed  to  cause  the  same  to  be  removed,  and 
lodged  in  some  secure  place,  at  the  charge  and  ex- 
pense of  the  tenant  or  owner  of  such  building,  lot 
or  enclosure,  or  the  owner  or  person  in  charge  of 
17 


258 


COTTON. 


lb.,    §    3- 


Penalty  on  own- 
er or  tenant  of 
any  building 
where  cotton  mav 
be  found  stored 
contrary  to  this 
sub-division. 


Mar.  27,  1849,  §T. 

Not  lawful  to 
pack,  by  means 
of  a  screw,  loose 
cotton,  without  a 
license  from  Citv 
Council. 


lb.,    §    2. 


How  applica- 
tions for  licenses 
are  to  be  made. 


Bond   to   lie   ex- 
ecuted. 


such  cotton ;  the  same  to  l^e  recovered  in  any  Court 
of  competent  jurisdiction. 

Sec.  665.  The  owner  or  tenant  of  any  building, 
lot  or  enclosure  within  the  city,  on  whose  premises 
any  cotton,  loose,  or  in  bales  or  bags,  may  be  found 
stored,  kept  or  piled,  contrary  to  the  foregoing  pro- 
visions, shall,  for  each  day  when  the  said  cotton 
shall  be  so  found,  be  subject  to  a  fine  of  not  more 
than  one  hundred  dollars,  nor  less  than  ten  dollars, 
or  imprisonment  not  exceeding  ten  days. 

Sec.  666.  It  shall  not  be  lawful  for  any  person 
or  persons,  either  on  his,  her  or  their  own  account, 
or  on  account  of  others,  to  pack,  bale  up  or  otherwise 
prepare  for  sale,  whether  by  means  of  a  screw  or 
otherwise,  loose  cotton,  within  the  limits  of  the 
City  of  Charleston,  without  having  previously  ob- 
tained from  the  City  Council  of  Charleston  a  license 
therefor,  according  to  the  tenor  and  subject  to  the 
regulations  of  this  subdivision ;  and  he,  she  or  they 
who  shall  offend  herein  shall,  for  each  offence, 
be  subject  to  a  penalty  of  one  thousand  dollars. 

Sec.  667.  Applications  for  licenses  under  this 
subdivision  shall  be  made  to  the  City  Council,  in 
writing,  accompanied  with  a  certificate  or  certificates 
of  two  or  more  respectable  citizens,  recommending 
the  applicant  as  a  fit  and  proper  person  to  receive  a 
license,  and  offering  to  become  his  or  her  sureties ; 
and  any  person  or  persons  to  A\hom  a  license  or 
licenses  may  be  granted,  before  the  same  is.  or  are 
delivered,  shall  pay  into  the  hands  of  the  City  Treas- 
urer such  sum  as  the  City  Council  shall,  from  time 
to  time,  determine ;  and  at  the  same  time  execute  a 
bond  or  bonds  to  the  City  Council,  in  the  penal  sum 
of  one  thousand  dollars,  with  the  sureties  named  in 
the  application  or  applications,  the  condition  whereof 
shall  be  to  comply  with  the  regulations  of  this  sub- 
division. 

Sec.  668.     It  shall  not  be  lawful  for  any  person 


COTTON. 


259 


or  persons  to  keep  or  pack  loose  cotton  in  or  upon 
any  building  anywhere  within  the  city,  not  con- 
structed of  brick  or  stone,  and  covered  with  tile, 
slate,  tin,  or  other  incombustible  material.  .Any 
person  offending"  shall  be  subject  to  a  fine  not  ex- 
ceeding one  hundred  dollars,  nor  less  than  twenty 
dollars,  or  imprisonment  not  exceeding  thirty  days, 
for  each  day  such  cotton,  loose,  or  in  bales  or  bags, 
shall  be  so  stored,  kept  or  piled. 

Sec.  669.  It  shall  be  the  duty  of  the  proprietor 
or  keeper  of  such  licensed  press  for  packing  cotton 
within  the  city,  to  put  his,  her  or  their  brand  or 
mark,  as  well  as  the  number,  upon  each  and  every 
bale  of  cotton  packed  at  his  press ;  and  whomsoever 
shall  alter,  erase  or  obliterate  the  aforesaid  marks 
and  numbers,  or  any  of  them,  shall,  for  each  offence, 
be  subject  to  a  fine  of  one  hundred  dollars  ;and  it 
shall  be  further  the  duty  of  the  said  proprietor  or 
keeper  to  keep  a  book  of  record  of  all  loose  cotton 
received,  from  whom  received  and  for  whose  account 
packed,  to  whom  delivered ;  and  the  said  book  shall 
l)e  kept,  like  the  scale  book  of  a  wharf,  in  some  place 
accessible  to  the  public,  and  be  open  to  public  in- 
spection. 

Sec.  670.  It  shall  not  be  lawful  to  use  fires,  burn 
lights  on  any  premises,  or  in  any  building  where 
loose  cotton  is  spread,  piled  or  packed,  nor  to 
spread  or  pile  loose  cotton  on  any  street,  wharf  or 
other  place  unenclosed  and  uncovered.  It  shall  not 
be  lawful  to  work  at  any  packing  press,  or  in  any 
place  where  loose  cotton  is  handled,  kept  or  packed, 
before  sunrise  nor  after  sunset.  Any  person  offend- 
ing against  any  or  either  of  the  provisions  of  this 
Section,  shall  be  subject  to  a  penalty  of  one  thousand 
dollars. 

Sec.  671.  It  shall  not  be  lawful  to  bring  into  or 
keep  at  any  place  within  the  city  cotton,  burnt,  or 
partially  burnt,  scorched,  or  otherwise  fire  marked. 


June   6,    1876. 
Jan.    2y,    1885. 

Not  lawful  for 
any  person  to 
keep  or  pack  loose 
cotton,  except  in 
a  brick  or  stone 
building. 


Penalty. 


Mar.  27,   1849,  §4. 

Proprietor       n  f 

press  to  put 
bra:"d  and  number 
upon  every  bale 
pressed. 


Penalty  for  al- 
tering mark  and 
number. 


Proprietor  t  o 
keep  a  record  of 
all  loose  cotton 
received. 


June  6,    1876. 

Not     lawful     to 
use  fires  or  lights. 


'enaltv. 


Pec.    zi,    1884. 

Not  lawful  to 
keep  burnt  or 
scorched  cotton 
within  the  City 
except,    &c. 


260 


COTTON. 


Penalty. 


.Mar.  27,  1849,  §6- 

Penalty         for 
stealing    cotton. 


Sep.    4.     i8ss,    §1- 

Unlawful  for 
cotton  menders  to 
take    samples. 


Penalty. 


whether  loose  or  in  bales,  except  upon  a  special 
written  permit  from  the  Chief  of  the  Fire  Depart- 
ment, approved  by  the  Mayor,  wdiich  permit  shall 
expressly  state  the  place  or  places  from  which  such 
cotton  may  be  brought,  and  where  such  cotton  may 
be  kept,  the  precautions  to  be  observed,  and  the 
length  of  time  during  which  the  permit  shall  be  of 
force;  and  every  person  who  shall  obtain  such  a 
permit,  shall,  before  acting  upon  it,  give  satisfactory 
and  sufficient  security  for  any  expense  which  may  be 
caused  the  city  for  the  breaking  out  of  fire  in  such 
burnt  or  fire  marked  cotton.  Any  person  or  persons, 
or  corporation,  offending  against  either  of  the  pro- 
visions of  this  Section,  shall  be  subject  to  a  penalty 
of  five  hundred  dollars  for  each  and  every  offence. 

Sec.  672.  If  any  person  or  persons  wathin  the 
city  shall  steal  loose  cotton,  or  shall  buy  or  receive 
stolen  loose  cotton,  knowing  the  same  to  be  stolen, 
he,  she  or  they  shall  be  subject  to  a  penalty  of  two 
hundred  and  fifty  dollars. 

Sec.  673.  It  shall  not  be  lawful  for  any  mender 
or  menders  of  cotton  bags  or  cotton  bales,  to  carry 
with  him,  her  or  them  any  basket,  bag  or  other 
vehicle,  for  the  purpose  of  taking  aw^ay,  whether  on 
his,  her  or  their  own  account,  or  on  account  of 
others,  any  sample  or  samples  of  cotton,  or  any  loose 
cotton,  from  any  bags  or  bales  they  may  be  employed 
to  mend ;  nor  shall  it  be  law^ful  for  any  such  mender 
or  menders  to  take  or  pull  from  any  such  bag  or  bale 
any  cotton  wdiatever,  save  and  except  such  dam- 
aged cotton  as  the  person  or  persons  having  such 
bags  or  bales  in  charge  may  direct  him,  her  or  them 
to  pick  out.  And  any  person  or  persons  offending 
against  any  of  the  provisions  of  this  Section  shall, 
for  each  offence,  be  subject  to  a  penalty  of  fifty 
dollars. 

Sec.  674.  It  shall  not  be  lawful  for  any  licensed 
packer,  or  any  other  person,  to  purchase  any  sample 


GUNPOWDER. 


261 


or  loose  cotton  from  any  person,  other  than  a  factor  Dec.  20,  1855,  §1. 
regularly  engaged  in  the  sale  of  cotton,  in  bales  or      Not  lawfni  for 
original   packages,    or    from   a    shipping   merchant  chasr'?a°mpks^"Jr 
regularly  engaged  in  the  shipping  of  cotton,  in  bales  in°y^persoT  llhTr 
or  packages  as  aforesaid,  and  at  their  respective  and  a^^iifs  %^ia°ce  ^"f 
customary  place  of  business  only,  and  from  no  other  ^"isiness. 
person  or  persons,  or  at  any  other  place  or  places 
whatsoever,  under  a  penalty  of  one  hundred  dollars   Penalty. 
for  each  and  every  offence. 

Sec.  675.  All  fines,  forfeitures  and  penalties  sep.  4,  1S55,  §3. 
incurred  under  the  foregoing  provisions,  relating  to 
cotton,  shall  go,  one  moiety  to  the  use  of  the  City, 
and  the  other  moiety  to  the  use  of  the  informer,  who 
shall  prosecute  the  offender  or  offenders  to  con- 
viction. 

Gunpowder. 

Sec.  676.     It  shall  not  be  lawful  for  any  person  .Tune  13, 1815.  §22. 
or  persons  to  carrv  sfunpowder  without  a  secure  and    .  ijow  \o  be  car- 

'^  .  ■'  I'lcd       through 

proper  covering,  in  any  wagon,  cart,  dray  or  other-  city. 

wise,  through  the  streets,  lanes  or  on  the  wharves 

of  this  city,  and  any  person  or  persons  so  offending 

shall,  for  every  such  offence,  be  subject  to  a  fine  of 

fifty  dollars,  or  imprisonment  not  exceeding  thirty  I'enaity. 

days. 

Sec.  677.     It  shall  not  be  lawful  for  any  person  Feb.  13,  1877. 
or  persons  to  sell  any  STunpowder,  which  may  at  the      Not    lawful    to 

^  .       .  .  .  sell       without       h- 

time  be  within  the  City  of  Charleston,  m  any  quan-  cense, 
tity,  without  having  first  obtained  a  license  to  keep 
and  sell  gunpowder,  the  said  license  to  1)e  issued  by 
the  Clerk  of  Council,  who  shall  receive  for  the  use 
of  the  city,  from  the  person  obtaining  the  license. 
the  sum  of  one  dollar  for  each  license  so  issued,  and 
every  such  license  shall  be  in  force  for  one  year  from 
the  date  thereof,  unless  previously  annulled  by  the 
City  Council,  and  no  longer,  and  every  person  or 
persons  offending  herein  shall,  for  the  said  offence,  ''''"^'^y- 
be  subject  to  a  fine  of  one  hundred  dollars,  or  im- 
prisonment not  exceeding  thirty  days. 


262 


GUNPOWDER. 


April  28.  1R46.  82. 

How       gunpow- 
der shall  be  kept. 


Penalty. 


Tune  13,  1815,   §23. 
Apl.  28,  1846,    §3. 
.Tune24,  1851,    §2. 

No  one  permit- 
ted to  keep  over 
twenty  -  five 
pounds. 


Penalty. 


Feb.  20,  1872,    Si. 

Gunpowder  not 
to  be  stored  in 
the    Citv. 


Penaltv. 


Sec.  678.  It  shall  not  be  lawful  for  any  mer- 
chant, factor,  retailer  or  dealer  in  gunpowder,  or  any 
person  or  persons  whomsoever,  to  retain,  have  or 
keep  in  his,  her  or  their  possession,  any  quantity  of 
gunpowder  exceeding  one  pound  in  weight,  unless 
the  same  shall  be  well  secured  in  a  tin  canister  or 
canisters,  which  said  canisters  shall  be  plainly 
marked  or  labeled  on  the  outside  thereof  with  the 
word  "Gunpowder,"  and  shall  be  deposited  and  kept 
on  the  right  side  of  the  principal  door  of  the  entrance 
to  the  store,  shop  or  premises  wherein  the  same  may 
be.  and  any  person  or  persons  offending  against  any 
of  the  provisions  of  this  Section  shall,  for  every 
such  offence,  be  subject  to  a  fine  of  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty 
days. 

Sec.  679.  No  merchant,  factor,  retailer  or  dealer 
in  gunpowder,  or  any  person  or  persons  whomso- 
ever, within  this  city,  shall  retain,  keep  or  have  in 
his,  her  or  their  possession,  at  any  one  time,  a  greater 
quantity  of  gunpowder  than  twenty-five  pounds 
weight,  and,  on  information  given  to  the  Mayor, 
or  the  same  coming  by  any  means  to  his  knowledge, 
of  a  greater  quantity  than  twenty-five  pounds 
weight,  in  the  possession  of,  or  within  the  enclosure 
or  enclosures  of  any  person  or  persons  whomsoever, 
the  Mayor  is  hereby  required  and  directed  to  pros- 
ecute such  person  or  persons  so  offending,  in  any 
Court  of  competent  jurisdiction,  when,  on  convic- 
tion of  the  same,  the  party  shall  be  fined  in  the  sum 
of  one  hundred  dollars,  or  be  imprisoned  not  exceed- 
ing thirty  days. 

Sec.  680.  It  shall  not  be  lawful  to  establish  or 
keep  within  the  limits  of  the  City  any  magazine, 
or  place  for  the  storage  of  gunpowder,  nor  to  keep 
any  gunpowder  in  any  place  within  the  said  limits, 
excepting  in  small  quantities,  as  herein  provided, 
under  a  penalty  or  fine  not  exceeding  fi^-e  hundred 
dollars. 


INFLAMMABLE    OILS. 


263 


Inflammable  Oils. 
Sec.    68i.     Except    as    hereinafter   provided,    it   .\ug.  n,  1903. 


shall  not  be  lawful  for  any  person,  firm  or  corpora- 
tion to  store,  or  keep  on  storage,  within  the  limits  of 
the  city  after  the  ist  of  January,  1904,  more  than 
100  gallons  of  refined  petroleum,  or  other  inflam- 
mable oil.  of  not  less  than  no  degrees  fire  test,  at 
any  one  time  in  any  building,  same  to  be  kept  in  close 
metal  tanks  or  vessels,  and  not  to  be  drawn  or  han- 
dled by  artificial  light. 

Sec.  682.  Refined  petroleum  or  other  inflamma-  unlawful  to 
ble  oils  of  not  less  than  no  degrees  fire  test,  may  ten'^^barrds'! 
be  stored  in  cellars  (when  the  buildings  are  not 
occupied  as  dwellings  or  sleeping  apartments),  in 
(|uantities  not  exceeding  ten  barrels,  upon  obtaining 
a  certificate  for  such  storage  from  the  Chief  of  the 
Fire  Department. 

Sec.    68^.     Except    as    hereinafter   provided,    it      Not  more  than 

^  ^  ,  ten      gallons     nap- 

shall  not  be  lawful  for  any  person,  firm  or  corpora-  tua,  etc. 
tion  to  store,  or  keep  on  storage,  within  the  limits  of 
the  city,  more  than  ten  gallons  of  gasoline,  benzine 
or  naphtha  at  any  one  time,  in  any  one  building. 

Sec.    684.     Gasoline,     benzine     or     naphtha,     in      casoiine,     ben- 

.    .  ,  1111        /-"I    •    r     ^'"P-      etc.,      iiow 

such  quantities  as  may  be  recommended  by  the  Lhi.et  stored. 
of  the  Fire  Department,  and  approved  by  the  Mayor, 
and  in  no  event  to  exceed  250  gallons  above  ground, 
and  1,200  gallons  under  ground,  may  be  stored  or 
kept  on  hand  at  any  one  time,  in  any  one  building, 
within  the  city;  provided,  the  said  building  is  10 
feet  distant  from  any  other  frame  building  or  any 
dwelling  house;  and,  provided  further,  that  the  said 
gasoline,  benzine  or  naphtha  shall  always  be  kept  in 
a  fire-proof  enclosure,  or  vault,  in  which  all  openings 
are  covered  with  metal  shutters ;  and.  provided 
further,  that  said  gasoline,  benzine  or  naphtha  shall 
be  kept  in  a  drum  or  tank,  or  drums  and  tanks,  used 
for  that  purpose,  and  no  delivery  of  said  gasoline. 


264 


inflammablp:   oils. 


stored 


benzine  or  naphtha  shall  be  made  at  an}-  time  b^- 
artificial  light,  or,  under  any  circumstances,  after 
sundown  of  any  day. 
Petroleum,  how  Sec.  685.  Refined  petroleum,  or  other  inflamma- 
ble oil  of  not  less  than  no  degrees  fire  test,  and  not 
exceeding  700,000  gallons  in  amount,  and  gasoline, 
benzine  and  naphtha,  not  exceeding  25,000  gallons, 
may  be  stored  in  a  tank  or  tanks,  within  the  city 
limits,  upon  a  certificate  issued  by  the  Chief  of  the 
Fire  Department,  showing  that  there  has  been  a 
compliance  with  the  restrictions  herein  set  forth, 
namely,  said  tank  or  tanks,  each  and  all  of  them, 
shall  be  properly  ventilated,  and  shall  be  so  located 
as  to  leave  a  clear  space  of  not  less  than  300  feet 
between  each  and  every  tank  and  any  building : 
provided,  however,  in  the  event  of  buildings  being 
desired  on  the  property  of  the  storage  plant,  said 
tank  or  tanks,  each  and  all  of  them,  shall  be  located 
so  as  to  leave  a  clear  space  of  not  less  than  200  feet 
between  said  tank  or  group  of  tanks,  and  any  build- 
ing, or  buildings,  on  the  said  land  so  used  as  a 
storage  plant.  And  no  building,  'or  buildings,  shall 
be  erected  on  said  storage  premises  until  the  plans 
for  the  same  have  been  first  submitted  to  the  Chief 
of  the  Fire  Department,  and  he,  with  the  City  Sur- 
veyor, shall  have  recommended  the  same  to  the 
Mayor,  and  the  Mayor  approved  the  said  plans ; 
then,  and  in  that  e\'ent,  said  building  or  buildings 
may  be  erected ;  provided,  the  same  are  located  200 
feet  from  said  tank  or  tanks,  and  so  as  to  leave  100 
feet  of  clear  space  between  said  building  or  build- 
ings, and  any  adjoining  property;  and,  provided 
further,  that  said  tank  or  group  of  tanks  shall  be 
surrounded  and  enclosed  by  an  embankment  having 
a  height  of  not  less  than  4  feet,  nor  more  than  6 
feet,  which  embankment  shall  be  firmly  and  com- 
pactly built  of  good  earth,  from  which  stones,  veg- 
etable matter,   etc.,   have  been   removed,   and   shall 


INFLAMMABLE    OILS. 


265 


have  a  crown  of  not  less  than  3  feet,  and  a  slope  of 
at  least  2  to  i  on  both  sides,  properly  provided  with 
steps,  built  of  stone,  concrete  or  brick,  where  it  is 
necessary  to  pass  over  the  said  embankment ;  the 
reservoir,  thus  formed,  to  have  a  capacity  of  at  least 
one  and  one-half  times  that  of  the  tank  or  tanks, 
surrounded. 

Sec.  686.  Any  person,  firm  or  corporation  may  d  i  s  t  r  i  buting 
have  a  distributing  plant  within  the  city  limits,  ''^"*" 
wherein  may  be  stored  not  more  than  twenty-five 
(2=^)  empty  barrels  which  have  contained  mineral 
oil,  nor  more  than  fifty  (50)  full  barrels,  and 
16,000  gallons  of  refined  petroleum  oil  of  not  less 
than  no  degrees  fire  test,  for  temporary  use  in  dis- 
tributing, in  a  tank  or  tanks  of  an  aggregate  capacity 
of  not  more  than  16,000  gallons,  and  8,000  gallons 
of  gasoline,  benzine  or  naphtha,  in  tank  or  tanks, 
placed  underground ;  provided,  however, 

(a)  That  all  such  tanks,  or  group  of  tanks,  not 
underground,  shall  be  surrounded  by  an  earth  em- 
bankment, approved  by  the  Chief  of  the  Fire  De- 
partment, which  shall  contain  not  less  than  one  and 
one-half  times  the  capacity  of  the  said  tank  or  tanks 

(b)  Provided,  further,  that  the  entire  distribu- 
ting plant,  with  all  buildings  thereon,  shall  be  sur- 
rounded with  fire  walls  of  brick  or  stone,  at  least  12 
inches  thick,  and  at  least  12  feet  in  height;  all  open- 
ings in  such  walls  shall  have  their  thresholds  at  least 
24  inches  above  the  level  of  the  ground,  within  the 
inclosure.  All  structures  in  such  enclosure  shall  be 
built  of  such  materials  as  may  be  recommended  by 
the  Chief  of  the  Fire  Department,  and  approved  by 
the  Mayor. 

Sec.  687,     Any  person,  firm  or  corporation  stor-     To    employ 

.  ..  .  .  watchman. 

ing  or  distributing  oil  within  the  city,  as  permitted 
by  Sections  685  and  686,  is  hereby  required  to  keep 
a  regularly  employed  watchman, or  guard,  from  sun- 
set until  sunrise  of  the  following  day,  on  each  and 


266 


INFLAMMABLE    OILS. 


Chief  of  Fire 
Department  to  in- 
spect once  a 
inonth. 


I  n  fl  a  m  m  able 
oils,  etc.,  not  to 
be       kept       where 

cotton    is    stored. 


Penalty. 


ever}^  night,  stationed  at  or  about  the  place  of  stor- 
age or  distribution,  whose  duty  it  shall  be  to  guard 
said  premises  and  property  thereon,  and  give  alarm 
of  danger  therefrom  in  case  of  fire ;  the  premises  to 
be  provided  with  such  time-keeping  apparatus,  as 
shall  be  required  by  the  Chief  of  the  Fire  Depart- 
ment, for  the  proper  guarding  of  said  premises. 

Sec.  688.  It  shall  be  the  duty  of  the  Chief  of  the 
Fire  Department  to  inspect  regularly,  at  least  once 
a  month,  all  buildings  in  which  refined  petroleum  or 
other  inflammable  oils  are  stored,  as  provided  for  in 
Section  685,  and  distributing  plant,  as  provided  in 
Section  686,  such  storage  and  distributing  plant  is 
hereby  permitted,  upon  the  express  condition  that 
the  Chief  of  the  Fire  Department,  or  his  assistants, 
shall  have,  at  all  times,  free  and  unobstructed  access 
to  any  portion  of  the  premises  for  the  purpose  of 
inspection,  and  it  shall  be  the  duty  of  the  Chief  of 
the  Fire  Department  to  see  that  the  provisions  of  this 
Ordinance  are  strictly  carried  out,  and  file  a  report 
thereof  with  the  Mayor,  at  least  once  a  month. 

Sec.  689.  Refined  petroleum,  or  any  other  in- 
flammable oil,  when  brought  into  the  city,  by  land 
or  water,  shall  not  be  kept  on  or  in  any  lot,  wharf  or 
building  where  cotton  is  stored,  nor  shall  it  be  kept 
or  landed  on  any  wharf,  or  in  any  place,  or  building, 
where  naval  stores  or  other  produce  or  merchandise 
are  stored,  unless  the  same  be  received  and  removed 
therefrom  between  the  hours  of  sunrise  and  sunset; 
it  being  understood  that  no  refined  petroleum,  or 
other  inflammable  oil,  be  allowed  to  remain  upon 
any  of  these  premises  at  night.  It  shall  be  the  duty 
of  the  Chief  of  the  Fire  Department,  in  conjunction 
with  the  Police  Department,  to  enforce  the  provis- 
ions of  this  Section,  and  promptly  report  all  viola- 
tions thereof  to  the  Mayor. 

Sec.  690.  Any  person,  firm  or  corporation  viola- 
ting any  of  the  provisions  of  this  sub-division  shall 


NAVAL   STORES. 


267 


Chief     of 
iJcpartment 


be  subject  to  a  fine  of  $ioo  for  each  and  every  day 
such  offence  continues,  recoverable  in  the  City  Court 
of  Charleston,  and  be  subject  also  to  a  revocation  of 
such  license. 

Sec.  691.  It  shall  be  the  duty  of  the  Chief  of  the 
Fire  Department,  in  conjunction  with  the  City  Sur-  ^"J'J'j^^"''  ^'' 
\eyor,  on  January  i,  1904.  to  inspect  the  plant  of 
an}'  individual,  firm  or  corporation  in  which  inflam- 
mable oils  shall  be  stored  or  distributed,  and  in  case 
any  plant  is  fouiid  within  the  city  limits  whose  con- 
struction and  location  does  not  conform  to  thisf 
Ordinance,  he  shall  report  the  same  to  Corporation 
Counsel,  whose  duty  it  shall  be  to  bring  such  action, 
or  actions,  as  may  be  necessary  to  enforce  this 
Ordinance. 

Sec.  692.  Any  person,  firm  or  corporation  hav- 
ing a  storage  and  distributing  plant  apart  from  each 
other,  may  lay  pipes  connecting  same  through  the 
streets  of  the  city,  which  may  be  necessary  for  this 
purpose ;  provided,  permission  may  first  be  ob- 
tained of  the  Mayor,  and  the  said  pipes  be  laid  in  a 
manner  which  shall  meet  the  approval  of  the  Mayor 
and  City  Surveyor,  and  Chairman  of  the  Committee 
on  Streets. 

Naval  Stores. 


Fire 

and 

in- 


To      lay      pipes 
through     streets. 


Sec.   693.     It  shall  not  be  lawful  to  store  any 


Not 
store 


lawful     to 
south       of 

naval  stores,  viz,  pitch,  tar,  rosin,  crude  turpentine  ^'''■f   st^'eet,   ex- 

i  «■  ccpt    on    wharves. 

and  spirits  of  turpentine  in  the  City  of  Charleston, 
south  of  Line  Street,  except  upon  such  wharf  or 
whar^•es  where  cotton,  hay  or  blades  are  not  stored ; 
provided,  howe\er.  that  such  naval  stores  intended  proviso, 
for  shipment  may  be  landed  on  any  wharf  or 
wharves  there  to  remain  until  taken  on  board  of 
vessel  or  vessels.  Any  person  or  persons  violating 
any  of  the  provisions  of  this  Section  shall  be  subject  p^.„ait^. 
to  a  fine  of  two  hundred  dollars,  or  imprisonment 
not  exceeding  thirty  days. 


268 


FIREWORKS— CRACKERS— KITES. 


Nov.  20,   1866,   §1. 

Shooting  squibs, 
crackers,  &c.,  pro- 
hibited. 


The  firing  of 
guns,  pistols,  &c., 
prohibited. 


Flying      kites 
prohibited. 


Penaltv. 


May  22,  1827,  §1. 

Penalty  for  ex- 
hibiting fire-works 
without  the  per- 
mission of  the 
Mayor. 


Nov.   27,    7888. 

Sling   shots   un- 
lawful. 


Penaltv. 


March   10,  1903. 

Unlawful        t  o 
sell    toy    pistols. 


Fire-Works,  Crackers  and  Kites. 

Sec.  694.  No  person  or  persons  shall  fire  any 
squibs,  crackers  or  other  fire-works  within  the  City, 
except  at  times  of  public  rejoicing,  and  at  such  times 
and  places  as  the  Mayor  may,  under  his  hand,  per- 
mit, or  shall  burn  any  chips,  shavings  or  other  com- 
bustible matter  in  any  street,  lane,  alley,  or  open  or 
enclosed  lot  within  the  City  (coopers  excepted,  who 
shall  be  permitted  to  make  fires  below  the  curtain 
line,  with  the  consent  of  the  proprietors  of  the  lots, 
where  they  carry  on  their  work  respectively,)  or 
shall  fire  any  gun,  pistol  or  other  firearms  wathin  the 
limits  of  the  City,  unless  it  be  on  occasion  of  some 
military  parade,  and  then  by  the  order  of  some 
officer  having  the  command ;  or  shall  raise  or  fly 
any  kite,  or  other  like  paper,  in  any  part  of  the  City; 
under  a  penalty  of  ten  dollars,  or  imprisonment  not 
exceeding  thirty  days,  for  each  and*  every  such 
offence. 

Sec.  695.  Any  person  or  persons  exhibiting  fire- 
works in  any  place  of  public  amusement,  or  in  any 
other  place  within  the  limits  of  the  City,  without 
permission  under  the  hand  of  the  Mayor,  shall  be 
subject  to  a  fine  of  one  hundred  dollars,  to  be  recov- 
ered in  any  Court  of  competent  jurisdiction;  one- 
half  of  which  fine  shall  go  to  the  informer,  and  the 
other  half  to  the  use  of  the  City. 

Sec.  696.  No  person  or  persons  shall  shoot  any 
sling-shot,  spring  gun  or  other  toys  which  shoot 
slugs,  bullets,  stones  or  other  missiles  within  the 
City,  under  a  penalty  not  exceeding  ten  dollars,  or 
imprisonment  not  exceeding  thirty  days,  for  each 
and  every  off^ence. 

Sec.  697.  That  it  shall  be  unlawful  for  any  per- 
son, firm  or  corporation  in  this  city  to  sell,  keep  for 
sale,  or  ofifer  for  sale,  or  give  away,  any  toy  pistol  in 
which  caps  or  cartridges  can  be  used,  or  any  caps  or 
cartridges  for  any  such  toy  pistol. 


269 


DTSTTI.I.liRTF.S.    BAKEHOUSES,    ETC. 

Sec.  698.     That  every  person,  firm  or  corpora-  penalty, 
tion  violating  the  provisions  of  Section  697  shall, 
upon  conviction,  be  fined  not  exceeding  $50,  or  be 
imprisoned  (in  case  of  any  individual),  for  a  term 
not  to  exceed  ten  days. 

Distilleries,  Bakehouses,  TaUow-Chaiidlers  and 

Guano. 

Sec.  699.     It  shall  not  be  lawful  for  any  person  ju„e  30,  .845, 
or  persons  within  the  limits  of  the  City,  to  keep  in         -  '^' 


his  or  their  out-houses  any  still  or  stills,  exceeding  i..|''"en    gau^o^'ns 

ten  gallons,  or  erect  any  brew-house,  or  carry  on  any  p"ohibited'r''°"^^^ 
brewing. 

Sec.  700.     No  more  than  six  stills  shall  be  al-  ib.,  §  25. 

lowed  to  be  made  use  of,  or  erected  in  any  of  the  n timber    of 

stills    allowed. 

distilleries  before  mentioned.  And  it  any  of  the 
owners  or  proprietors  of  the  aforesaid  distilleries 
shall  erect  or  employ  any  more  than  the  aforesaid 
number  of  stills  respectively  limited  as  aforesaid, 
he,  she  or  they  shall  forfeit  and  pay  a  sum  of  one 
hundred  dollars  for  each  and  every  information  and 
conviction  of  having  or  keeping  erected  or  em- 
ployed, each  and  every  such  still.  And  it  shall  not 
be  lawful  for  bakers  of  bread  to  carry  on  their  trade 
within  the  City,  unless  their  bakehouses  shall  be 
built  and  paved  with  brick  or  stone,  covered  with      Bakehouses, 

•■  '  how     to     be     con- 

tile  or  slate,   and   their   situations   so   remote,   and  structed. 
attended  with  such  security  to  the  adjacent  buildings 
as  to  be  approved  of  by  the  Mayor  or  City  Council, 
under  the  penalty  of  one  hundred  dollars  for  each 
and  every  offence. 

Sec.  701.     Any  person  or  persons  who  shall  carry        ib.,  §  26. 
on  the  trade  or  occupation  of  tallow-chandler  and  Taiiow   chandlers 

,      .,  . ,,  r     ii  •  1  antl    soap-boilers. 

soap-boiler,  or  either  of  them,  m  any  house  or 
houses,  shed,  or  other  buildings  within  the  City  of 
Charleston,  except  in  such  house  or  houses  as  are 
built  of  brick  or  stone,  and  covered  with  slate  or  tile, 


270 


JUNK    SHOPS    AND    PAWNBROlvKR.S. 


Oct.   24,   1854,   §! 


Storage 
ano. 


of 


gu- 


Penalty. 


and  floored  or  paved  with  brick,  stone  or  earth,  and 
also  have  a  Hcense  for  carrying  on  such  trade  or 
occupation,  in  such  house  and  street  as  therein  de- 
scribed, shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars,  nor  exceeding  eighty  dollars,  for  each  and 
every  such  offence,  to  be  recovered  in  any  Court  of 
competent  jurisdiction,  one-half  to  the  informer,  the 
other  half  to  the  use  of  the  city. 

Sec.  702.  It  shall  not  be  lawful  for  any  person 
or  persons  to  store,  or  keep  in  store,  or  in  mass, 
guano  in  any  place  within  the  City,  in  the  vicinity 
of  inhabited  houses,  without  the  knowledge  and 
written  consent  of  the  inhabitants  thereof ;  and  any 
person  or  persons  offending  herein,  shall  pay  a  pen- 
alty of  five  hundred  dollars  for  each  and  every 
offence,  and  an  additional  penalty  of  ten  dollars  for 
each  and  every  day  that  the  violation  shall  continue, 
after  due  notice,  in  writing,  from  the  Mayor. 


Junk  SJwps  and  Paz^ni  Brokers. 


Mar,  3,  1858,  §1. 

Junk  shops  and 
pawn  brokers  to 
be    licensed. 


lb.,    §    3- 


Persons  receiv- 
ing license  to  put 
up  a  sign  and 
keep  a  book  open 
to  the  inspection 
of  Mayor  and 
Chief  of  Police. 


Sec.  703.  The  keeper  or  keepers  of  every  junk 
shop  or  pawn  broker's  establishment,  within  the 
limits  of  the  City  of  Charleston,  where  any  kind  of 
second-hand  articles,  junk,  old  metals,  or  other  like 
commodities  are  purchased,  sold,  bartered,  pledged 
or  exchanged,  shall  obtain  from  the  City  Council  a 
license  to  do  so,  and  shall  pay  to  the  City  Treasurer 
for  said  license  such  sums  as  the  City  Council  shall, 
from  time  to  time,  determine,  and  such  license 
(which  shall  continue  for  one  year)  shall  not  be 
transferred  from  one  person  to  another  without  the 
consent  of  the  City  Council. 

Sec.  704.  Every  person  receiving  such  a  license 
shall  put  up  over  the  principal  entrance  to  his  or 
her  shop  a  sign,  designating  that  he  or  she  is  li- 
censed, and  containing  his  or  her  name,  and  shall 
keep  a  book  in  wliich  shall  be  written,  at  the  time  of 


JUNK    SHOPS    AND    PAWNBROKERS. 

every  purchase  or  barter,  a  description  of  the  arti- 
cle or  articles  purchased  or  bartered  for,  the  name 
and  residence  of  the  person  or  persons  from  whom 
received,  and  the  day  and  hour  when  such  purchase 
or  exchange  was  made,  and  such  book  shall  be  at 
all  times  open  to  the  inspection  of  the  Mayor  of  the 
City,  the  Chief  of  Police,  or  any  person  duly  author- 
ized by  them,  or  either  of  them,  to  inspect  the  same. 

Sec.  705.     Junk  shops  shall  not  be  kept  open  for      ^  [b..  j  4-^ 
the  purchase  of  any  of  the  articles   mentioned   in 


271 


Feb.    26,    1896. 


„         .  1      11  11  111  Shops  not  to  be 

Section  703,  nor  shall  any  purchase  be  made  by  the  kept  open  except 

,  ,  •  ,        ,  ,  between       sunrise 

keeper  or  keepers  of  any  such  shops,  or  by  any  per-  and  snnset. 

son  or  persons  for  them,  except  between  sunrise  and 

sunset.     Pawnbrokers'  establishments  may  be  kept 

open  from  sunrise  until  9  o'clock  P.  M.,  on  every 

working  day  of  the  week,  and  said  shops,  that  is, 

junk  shops  and  pawnbrokers'  establishments,  shall 

be  open  at  all  times  to  the  inspection  of  the  Mayor      subject   to   in- 

'■  ^  -^  spection  of  Mayor 

of  the  City,  the  Chief  of  Police,  or  any  person  duly  a."':'  ^''"ef  of  Po- 
authorized  by  them,  or  either  of  them. 

Sec.    706.     No   keeper   of   any   such   shop   shall  ib.,  §  5- 

himself,  or  through  any  other  person,  either  direclv  Keepers    of 

.  ,  .       ,      ,    '      shops  not  to  trade 

or  mdirectlv,  purchase  or  receive,  by  way  of  pledge  with  minors  and 

,  '  ,  /      .  .    ,  apprentices. 

or  barter,  or  exchange,  any  of  the  articles  men- 
tioned aforesaid,  from  any  minor  or  apprentice, 
without  the  written  permission  of  the  parent  or 
guardian  of  any  such  minor  or  apprentice,  which 
written  permission  shall  be  filed,  and  produced 
whenever  required  by  any  one  authorized  to  inspect 
such  shops. 

Sec.  707.  Every  person  having  obtained  a  li-  i''..  §  6. 
cense,  who  shall  violate  any  of  the  provisions  of  this  Penalties. 
Ordinance,  relating  to  junk  shops  and  pawn  bro- 
kers, shall  forfeit  the  same,  and,  upon  conviction 
thereof,  shall  pay  a  fine  of  not  less  than  ten  dollars, 
nor  more  than  fifty  dollars,  and  every  person  keep- 
ing such  a  shop,  and  carrying  on  business  therein, 
without  having  first   obtained   a   license   to   do   so. 


272 


RAILROADS. 


Nov.  26,   1895. 

To  make  dailv 
reports  to  Chief 
of   Police. 


Nov.    26,    1895. 
Penalty. 


shall  pay  a  fine  of  not  less  than  fifty  dollars,  nor 
more  than  one  hundred  dollars,  or  be  imprisoned 
not  exceeding  thirty  days;  all  of  which  said  fines 
shall  be  recovered  in  any  Court  of  competent  juris- 
diction, and  shall  be  disposed  of  as  follows,  viz. : 
One-half  to  the  use  of  the  person  who  shall  prosecute 
the  offender  to  conviction,  and  the  remainder  to  the 
use  of  the  City. 

Sec.  708.  It  is  hereby  made  the  duty  of  all  pawn 
brokers  doing  business  in  the  City  of  Charleston 
to  make  daily  reports  to  the  Chief  of  Police  of  the 
City  of  Charleston,  and  within  twenty-four  (24) 
hours  from  the  reception  of  any  pawn,  or  of  all 
pawns  deposited  with  them,  giving  the  number  of 
the  ticket  and  such  description  of  the  personal  prop- 
erty as  will  make  its  identification  easy,  and  in 
case  the  pawn  is  of  watches  or  other  articles,  having 
a  number,  the  description  shall  state  among  other 
things,  such  number. 

Sec.  709.  That  any  pawn  broker  violating  the 
provisions  of  the  foregoing  section  or  any  of  them, 
shall,  on  conviction  before  the  Police  Court  of  the 
City  of  Charleston,  be  subject  to  a  fine  not  exceed- 
ing one  hundred  dollars,  and  imprisonment  not  to 
exceed  thirty  days,  either  or  both,  in  the  discretion 
of  the  Court. 


CHAPTER  XVI. 


RAILROADS— STEAM    ENGINES— STREET 
RAILWAYS. 


Mar.  12,  1867,  §1. 

Petition  to  con- 
struct railways  in 
Citv. 


Sec.  710.  \\lienever  any  company  or  corpora- 
tion shall  desire  to  construct  a  railway  for  the  con- 
veyance of  goods  or  passengers  along  any  of  the 
streets  of  this  City,  they  shall  be  required  to  peti- 
tion the  corporate  authorities  for  the  privilege,  stat- 
ing the  streets  along  which  they  desire  to  build  such 


RAILROADS. 


273 


road,  and  the  points  between  which  they  desire  to 
build  the  same. 

Sec.  711.     Whenever  permission  shall  have  been  oct.  10,  1893. 
obtained  the  company  or  corporation  shall  proceed      Must     follow 
to  lay  the  track  along  such  parts  of  such  streets  as  scnbed''°"by   "ufe 
Council  shall  direct,  complying  with  surveys,  regu-  authorities. 
lations  and  gradients  that  are  now  or  hereafter  may 
be  adopted  by  the  City ;  and  shall  use  rails  of  the 
latest    pattern,    approved    by    the    Committee    on 
Streets  and  the   Committee  on   Railroads,   and   so 
lay  the  same  as  to  furnish  no  greater  obstruction 
than  is  necessary  to  the  free  use  and  enjoyment  of 
the  streets ;  and  the  guage  of  said  track  or  tracks 
shall  be  such  as  the  company  and  corporate  authori- 
ties may  determine  upon ;  and  no  cars  shall  be  run 
upon  said  track  or  tracks  until  they  have  filed  in  the      Must  file  certi- 
office  of  the  Clerk  of  the  City  Council,  a  certificate  Engf„eJn°'"   ^'''^ 
from  the  City  Surveyor  that  all  of  the  Ordinances 
and  regulations  of  Council  have  been  complied  with. 
The   company   shall   build   and   keep   in    repair   all 
bridges,   turnouts,   drains   and  other   work  of   like 
nature  which  the  track  or  tracks  cross,  paving  or      J°  ^eep  in  re- 

^  *="  pair      bridges, 

filling  the  tracks  between  the  rails  so  as  to  conform  drains,  &c.,  which 

.  .  tracks    cross. 

to  the  remainder  of  the  street,  and  at  their  own  cost 
and  expense,  shall,  as  the  street  may  be  paved  or  To  pave  or 
filled,  pave  or  fill  and  keep  in  good  repair  conform-  rails, 
ably  to  said  street,  three  feet  on  each  side  of  the 
track  or  tracks  as  may  be  and  at  such  times  as  re- 
quired by  the  City  authorities.  And  it  is  hereby  pro- 
vided and  ordained,  that  the  foregoing  requirements 
and  regulations  shall  apply  not  only  to  roads  hereaf- 
ter to  be  built,  but  to  all  existing  roads  and  to  the 
extensions  and  repairs  of  same ;  and  should  any 
company  or  corporation  violate  any  of  the  provisions 
of  this  section,  the  company  violating  the  same  shall 
be  liable  to  a  penalty,  not  exceeding  fifty  dollars  for     „     , 

^  -^  o  y  ^  Penalty        tut 

each  and  every  day  they  shall  be  proven  to  have  vio-  non-compiiance. 
18 


274 


RAILROADS. 


Sept.    12,    1893. 
Feb.    13,    1894. 

Hours      when 
cars  shall   run. 


Sep.   12,   1893,   §2. 
Rates  of  fare. 


One      fare     for 
continuous  trip. 

Transfer  tickets 
shall    be   given. 


Proviso. 


lated  the  same,  after  due  notice  given  by  the  Super- 
intendent of  Streets  or  by  the  City  Surveyor. 

Sec.  712.  It  shall  be  the  duty  of  each  street  rail- 
road or  railway  company  in  this  City  to  run  its  cars 
(except  where  otherwise  provided  in  this  section) 
from  6  A.  M.  till  1 1  P.  M.,  on  all  its  lines  south  of 
Line  Street:  Provided,  hozvever,  that  up  tu  the  hour 
of  10  P.  M.  the  cars  on  all  lines  shall  be  run  on  the 
same  schedule  as  during  the  day,  and  after  that  hour 
at  no  greater  inter\'als  than  fifteen  minutes ;  and  pro- 
vided further,  that  during  the  period  extending 
from  the  first  day  of  November  to  the  thirtieth  day 
of  April,  inclusive,  the  last  car  on  each  line  may 
leave  the  upper  terminus  at  10  o'clock  P.  M.  and 
the  lower  terminus  at  10:35  o'clock  P.  M. 

Sec.  713.  That  it  shall  not  be  lawful  for  any 
street  railroad  or  railway  company  in  this  City  to 
charge  more  than  five  cents  for  one  continuous  ride, 
with  ordinary  hand  baggage,  on  any  of  its  cars ; 
and  where  the  said  company  operates  lines  through 
different  streets,  transfers,  when  requested,  shall 
be  given  without  extra  charge,  for  which  purpose, 
when  possible,  schedules  shall  be  so  arranged  that 
the  cars  shall  make  connection  at  junctional  points ; 
that  is  to  say,  a  passenger  taking  a  car  on  any  street 
railroad  or  railway,  and  desiring  to  reach  a  given 
point  in  any  direction  on  one  of  the  lines  of  said 
company,  shall,  without  extra  charge,  be  transferred 
to  such  car  as  may  be  necessary,  and  be  given  a 
transfer  ticket  and  for  the  one  fare  be  carried  to  the 
point  to  •which  he  wishes  to  go -.Provided,  hozvever, 
That  passengers  so  transferred  shall  take  the  first 
car  leavino-  after  their  arrival  in  the  direction  in 
w4iich  they  wish  to  go  -.Provided,  further.  That  this 
Section  is  not  to  be  construed  a  round  trip,  but  sim- 
ply a  single  trip  from  one  point  to  another  by  the 
shortest  and  most  direct  route. 

Sec.  714.     That  the  lines  running  north  of  Line 


RAILROADS. 


275 


Street,  although  owned  and  operated  by  the  same  Feb.  21,  1898. 
companies  for  the  purpose  of  this  sub-division,  shall      Lines  north  of 
be  treated  as  if  owned  and  operated  by  other  com-  ^'"^  ^*''^^*- 
panics :  Provided,  they  shall  be  required  to  run  their 
cars  after  7  o'clock  P.  M.  at  no  greater  intervals 
than  thirty  minutes,  and  that  the  last  car  shall  leave 
the  lower  terminus  at  1 1  o'clock  P.  M.,  but  in  all 
other  respects  they  are  subject  to  the  provisions  of 
this  sub-division. 

Sec.   715.     That  any  company  violating  any  of  penalties, 
the  provisions  of  this  sub-division  shall  for  each  and 
every  offence  be  liable  to  a  penalty  not  exceeding 
$50,  to  be  recovered  in  any  court  of  competent  juris- 
diction. 

Sec.   716.     Such  company  shall  employ  compe-        ^^•'  ^  3- 
tent,  careful,  sober  and  prudent  persons,  who  shall   ,  ^ars  not  to  run 

i  J^  '  faster      than      six 

use   all   exertions    to    avoid    collisions,    giving   due  "^''es  per  hour. 
notice  to  the  drivers  of  other  vehicles  and  foot  pas- 
sengers, to  prevent  the  same,  and  any  infraction  of 
this  Section  shall  be  punished  by  a  fine  not  exceed- 
ing fifty  dollars.    This  fine  shall  not  exempt  the  com- 
pany from  the  penalties  and  responsibilities  of  such   Penalty. 
violations  or  acts  committed  by  the  employees,  con- 
ductors, or  officials ;  and  it  shall  be  the  duty  of  the 
drivers  of  all  vehicles  to  leave  the  track  on  the  ap- 
proach of  the  cars  at  the  first  street  intersection,  pro- 
vided there  be  not  room  for  said  vehicle  or  vehicles      vehicles  not  to 
to  turn  to  the  right  previous  to  reaching  a  street  in-  obstruct  the  track, 
tersection.  and  in  no  way  unnecessarily  obstruct  the 
progress  of  the  cars ;  and  any  person  violating  any 
part  of  this  Section  shall  be  punished  by  a  fine  not 
exceeding  fifty  dollars  or  imprisonment  not  exceed-   Penalty. 
ing  fifteen  days. 

Sec.  717.     Every  car  on  each  road  shall  have  the        ^^^  ^  ^- 
number  of  the  car  painted  on  each  side,  in  such  man-   ^  Each     car    to 

'-  _  have         number 

ner  and  place  as  may  be  plainly  seen,  and  also  carry  painted    on    side 

^     ■  .  and   carry  a   lamp 

at  night  a  lamp  in  front  and  rear,  and  every  car  at  night. 
shall  be   fully  and  properly  lighted   inside,   or  the 


276 


RAILROADS. 


Penalty. 


lb.,  §  7- 


Refusal  or  neg- 
lect to  run  cars 
for  three  months 
road  may  be  rent- 
ed 


If  idle  for 
twelve  months 
City  Council  to 
sell. 


July    13,    1897. 

Disorderly  con- 
duct, etc.,  in  cars 
prohibited. 


Oct.    27,    1903. 

Cars  not  to  stop 
so  as  to  obstruct 
intersecting 
streets. 


Penalty. 


lb.,  §   10. 


No  privileges 
to  interfere  with 
fire     department. 


company  owning  said  car  be  liable  for  failure  to 
comply  with  the  same  to  a  penalty  not  exceeding 
fifty  dollars. 

Sec.  718.  If  any  company  shall  refuse  or  neglect 
to  run  their  cars,  as  herein  provided,  for  a  period  of 
three  months,  then  the  corporate  authorities  of  this 
City  may  rent  the  road,  at  public  outcry,  for  account 
of  the  company,  for  a  period  of  twelve  months ;  and 
if  the  road  be  not  rented,  but  shall  be  idle  for  a 
period  of  twelve  months,  then  the  said  authorities 
may  have  the  road  taken  up,  the  material  sold  to  the 
highest  bidder,  and  after  deducting  the  expense 
of  taking  up  the  road,  selling  the  same,  and  repairing 
the  streets,  the  balance,  if  any,  shall  be  paid  to  the 
legal  representatives  of  said  company. 

Sec.  719.  If  any  person  shall  smoke  or  spit  in 
any  car  of  any  city  railroad  or  otherwise  in  any 
way  improperly  conduct  himself  or  herself,  he  or 
she  shall  be  liable  to  ejectment  from  the  car  and  to 
a  fine  not  exceeding  ten  dollars,  or  imprisonment 
not  exceeding  ten  days. 

Sec.  720.  It  shall  not  be  lawful  for  any  person 
in  charge  of  or  conductor  of  any  car  on  the  city  rail- 
roads to  stop  their  cars  so  as  to  obstruct  the  street 
intersecting  the  line  of  the  railroads,  nor  shall  they 
obstruct  the  foot  crossings  of  the  street,  for  any 
longer  time  than  is  necessary  for  the  landing  and 
receiving  of  passengers ;  but  it  shall  be  their  duty 
to  go  beyond  the  intersecting  street,  as  far  as  the 
crossing,  before  stopping,  except  that  when  a  car 
shall  have  so  stopped,  the  motorman  of  the  car  com- 
ing in  the  opposite  direction,  before  crossing  the 
intersecting  street,  shall  slow^  down  and  have  the 
car  under  control,  under  a  penalty  not  exceeding  ten 
dollars  or  imprisonment  not  exceeding  ten  days  for 
each  offence. 

Sec.  721.  No  privilege  or  authority  herein 
granted  shall  be  so  construed  as  to  interfere  with 


RAILROAD     CROSSINGS. 


277 


the  operations  of  the  Fire  Department  of  the  City; 
but.  in  all  instances,  in  case  of  fire,  the  use  of  the 
streets  where  railroad  tracks  are  laid,  shall  be  sub- 
servient to  the  necessities  of  the  Fire  Department. 

Sec.  722.  The  conductor  and  motorman  of  each 
car  shall  keep  a  vigilant  watch  of  all  vehicles,  or  per- 
sons on  foot,  especially  children,  either  on  the  track 
or  moving  towards  it,  and  on  the  first  appearance 
of  danger  to  such  vehicles  or  persons,  the  car  shall 
be  stopped  in  the  shortest  time  possible ;  and  all  foot 
passengers  are  hereby  required  to  avoid  obstructing 
the  track,  by  their  presence  or  otherwise.  The  con- 
ductor shall  not,  under  any  circumstances,  allow  la- 
dies or  children  to  leave  or  enter  the  car  while  the 
same  is  in  motion,  and  shall  when  required  stop  to 
allow  any  one  to  leave  the  car;  and  when  not  full, 
to  stop  for  any  passenger  giving  the  customary  sig- 
nal, if  within  a  reasonable  distance.  And  for  the 
violation  of  any  portion  of  this  Section  shall  be  liable 
to  a  fine  not  exceeding  ten  dollars. 

Sec.  723.  The  corporate  authorities  reserve  the 
right  to  amend  or  alter  the  foregoing  Sections, 
whenever  circumstances  may  require  it ;  and  the 
granting  of  the  privilege  to  any  company  to  con- 
struct a  track  through  any  street,  is  not  exclusive ; 
and  the  City  authorities  may  grant  the  same  right 
to  other  companies,  through  the  same  streets  or 
thoroughfares,  if  they  deem  it  advisable;  and  the 
provisions  herein  contained  shall  be  binding  on  any 
company  already  in  existence  in  the  same  manner  as 
companies  hereafter  created. 


lb.,  §  II. 


Duty  of  con- 
ductor and  motor- 
man  of  car. 


Penalty  for  neg- 
lect   of    duty. 

lb.,    §    12. 


Power    to 
or  amend. 


alter 


Right 
elusive. 


not     ex- 


Railroad  Crossings. 


Sec.  724.     It  shall  not  be  lawful  for  any  person  March  12,  1901. 
or  persons  to  cause  the  blowing  of  the  whistle  of  a      unlawful      to 

locomotive  engine  or  of  any  steam  plant  within  the  ci°y. 
limits  of  the  City  of  Charleston. 


278 


RAILROAD     CROSSINGS. 


Dec.   8,   1896. 

Unlawful        t  o 
obstruct     streets. 


Limit    of    speed 
in   City. 


A  man  with  flag 
to  be  stationed  at 
crossings. 


Flagman  to  pre- 
vent vehicles  and 
pedestrians  cross- 
ing. 


Penalty. 


Penalty  for  at- 
tempting to  cross 
tracks. 


Sec.  725.  It  shall  not  be  lawful  for  any  railroad 
company  to  obstruct  with  engines  or  cars  on  its 
tracks  the  free  passage  of  persons  or  vehicles 
through  any  street  intersecting  its  line  within  the 
City  limits  for  a  longer  period  than  five  minutes, 
except  between  the  hours  of  6  P.  M.  and  12  P.  M. 
from  the  ist  of  September  to  the  ist  of  October, 
and  between  the  hours  of  8  P.  M.  and  2  A.  M.  from 
the  1st  of  April  to  the  ist  of  September,  when  ten 
minutes  shall  be  allowed. 

Sec.  726.  It  shall  be  unlawful  for  any  railroad 
train  to  run  at  a  speed  exceeding  four  (4)  miles  an 
hour  within  the  limits  of  the  City  of  Charleston 
south  of  a  line  drawn  from  the  Cooper  River 
through  Shepard  Street  to  the  Ashley  River,  ex- 
cept in  territory  not  intersected  by  streets  and  it 
shall  be  the  duty  of  every  railroad  company  whose 
tracks  run  within  the  City  limits  (street  railways 
not  included)  to  have  at  the  crossings  of  every  lane, 
street  or  alley,  except  those  not  used  by  the  public, 
across  which  its  tracks  may  run,  a  man  with  a  white 
flag  during  the  daytime  and  a  man  with  a  red  light 
during  the  night  time  in  advance  of  the  engine  or 
train,  whose  duty  it  shall  be  to  display  said  flag  or 
light  whenever  a  train  may  be  approaching  such 
streets,  lanes  or  alleys. 

Sec.  727.  It  shall  be  the  duty  of  the  flag-man  to 
prevent  the  crossing  of  the  railroad  at  which  he  may 
be  stationed,  by  vehicles  and  pedestrians,  when  a 
locomotive  or  train  may  be  crossing,  or  approach- 
ing such  street,  lane  or  alley. 

Sec.  728.  Any  person  or  corporation  that  shall 
violate  any  of  the  provisions  of  Sections  724,  725, 
726  and  727  shall,  for  each  ofifence,  be  liable  to  a 
fine  of  fifty  dollars  or  imprisonment  not  exceeding 
30  days. 

Sec.  729.  Any  person  attempting  to  cross  any 
railroad,  after  being  warned  by  the  flagman,  shall  be 


STEAM    ENGINES. 


279 


Unlawful  t  o 
get  off  or  on 
cars  when  in  mo- 
tion. 


Proviso. 


liable  to  a  fine  not  exceeding  ten  dollars  or  imprison- 
ment not  exceeding  ten  days. 

Sec.  730.  It  shall  be  unlawful  for  any  person  or  Dec.  8,  1885 
persons  to  get  on  or  off  the  cars  or  locomotives  of 
any  railroad  company  while  said  cars  or  locomotives 
are  in  motion,  within  the  corporate  limits  of  the 
City  of  Charleston,  under  a  penalty  of  not  less  than 
one  dollar  or  more  than  twenty-five  dollars,  or  to 
imprisonment  not  exceeding  ten  days :  Provided, 
That  this  Section  shall  not  be  so  construed  as  to 
apply  to  any  person  or  persons  employed  by  said 
railroad  companies  in  moving  or  conducting  said 
cars  or  locomotives.  Any  railroad  company  may, 
upon  application  to  the  Chief  of  Police,  have  proper 
persons  appointed  special  policemen  for  the  enforce- 
ment of  the  provisions  of  this  Section,  but  shall 
receive  no  pay  whatever  from  the  City.  The  persons 
so  appointed  may  be  removed  for  cause  by  the  Chief 
of  Police.  It  is  hereby  made  the  duty  of  the  police 
and  detectives  to  enforce  the  provisions  of  this  Sec- 
tion. 

Steam-Engines. 


Sec.   731.     No  steam-engine,  or  machinery  im-  Jan-  'l  1845- 
pelled  by  steam,  shall  be  erected  or  established  within  g;^ °^  bl*«?cte"d 
the   limits   of   the   City   of   Charleston,    unless   the  ""'e*^  l'^-}'^''^  °'' 

-'  _  '  stone    buildings. 

building  or  buildings  in  which  such  steam-engine 
or  machinery  may  be  contained  shall  be  constructed 
of  brick  or  stone,  and  paved  or  floored  in  the  story 
wherein  the  same  may  be  placed,  with  some  incom- 
bustible material,  and  the  roof  of  such  building  be 
covered  with  tile,  slate  or  metal,  with  the  chimney 
of  such  height  as  in  each  instance  may  be  satisfac- 
tory to  the  City  Council ;  nor  unless  the  erection  and 
establishment  of  such  steam-engine  or  machinery 
be  approved  of  by  the  City  Council,  as  hereinafter 
provided  for. 

Sec.   732.     Whenever    any    person    or  persons, 


To   be   approved 
by  City   Council. 


280 


STEAM    ENGINES. 


lb..  § 


Plans  and  spec- 
ifications to  be 
submitted  to 
Council. 


Committee  t  o 
examine  plan  and 
site  and  report  to 
Council. 


March  27,   iJ 


No  other  fuel 
than  steam  coal 
to  be  used  in 
furnace  of  such 
steam-engine. 


Penalty    for   us- 
ing other  fuel. 


Not  to  apply  to 
engines  on  Ashley 
and     Cooper     Riv- 


Penalty  for 
erecting  steam-en- 
gines contrary  to 
the  provisions  of 
this   sub-division. 


body  or  bodies  corporate  or  politic,  shall  desire  to 
erect  a  steam-engine  or  machinery  within  the  limits 
of  the  City,  as  aforesaid,  he  or  they  shall  submit  to 
the  City  Council  the  plan  and  specifications  in  detail 
of  the  proposed  steam-engine  or  machinery;  and  it 
shall  be  the  duty  of  the  Committee  on  Steam-En- 
gines  to  examine  such  plan,  and  the  contemplated 
site,  and  report  thereon  to  the  City  Council,  who 
shall  then  determine  upon  the  expediency  of  grant- 
ing or  refusing  permission  for  the  erection  or  estab- 
lishment of  such  steam-engine  or  machinery. 

Sec.  y2>Z-  It  shall  not  be  lawful  at  any  time  or 
times  to  use  or  burn  as  fuel  in  the  furnace  of  any 
steam-engine,  or  machinery,  erected  or  established 
within  the  City,  under  the  authority  of  this  sub-di- 
vision, or  in  any  fire  place  constructed  for  the  pur- 
pose of  heating  the  boiler  thereof,  any  material  or 
substance  other  than  coal,  of  the  quality  commonly 
called  steam  coal,  and  any  person  or  persons,  body 
or  bodies  corporate  or  politic,  who  shall  hereafter 
use  or  burn  as  fuel  in  any  furnace  or  in  any  fire 
place  constructed  for  the  purpose  of  heating  the 
boiler  of  any  steam  engine  or  machinery,  erected 
within  the  city  under  the  authority  of  this  sub-divis- 
ion, any  material  or  substance  other  than  steam  coal, 
as  before, mentioned,  shall  be  subject  to  a  fine  of  one 
hundred  dollars  or  imprisonment  not  exceeding  ten 
days,  for  each  day  or  part  of  a  day  fuel  of  any 
other  material  or  substance  than  steam  coal  shall 
be  so  used  or  burned  therein  \providcd,  that  nothing 
contained  in  this  Section  shall  extend  to  steam  en- 
gines or  machinery  already  erected  and  established, 
or  hereafter  to  be  erected  and  established,  at  the 
edge  of  the  waters  of  Ashley  River  or  Cooper  River. 

Sec.  734.  Any  person  or  persons,  body  or  bod- 
ies corporate  or  politic,  who  shall  erect  or  establish 
any  steam  engine,  or  machinery  impelled  by  steam, 
within  the  limits  of  the  City,  contrary  to  any  of 


stea;\i  engines. 


281 


tb,e  provisions  of  this  sul^-cli^"ision,  and  without  hav- 
ing previously  obtained  the  consent  and  approbation 
of  the  City  Council,  as  aforesaid,  shall  be  subject  to 
a  penalty  of  one  thousand  dollars ;  and  any  person 
or  persons,  body  or  bodies  corporate  or  politic,  who 
shall  use,  employ  or  impel  by  steam,  or  work  any 
such  steam  engine  or  machinery,  erected  or  estab- 
lished, or  to  be  erected  or  established,  within  the 
City,  contrary  to  this  sub-division,  shall  be  subject 
to  a  penalty  of  one  hundred  dollars  for  each  day  or 
part  of  a  day  the  same  shall  be  used,  employed,  im- 
pelled by  steam,  or  worked. 

Sec.  735.  The  City  Council  shall  appoint  a  com- 
mittee from  their  own  body,  to  examine  at  any  and 
all  times  into  the  situation  and  condition  of  any 
steam  engine,  oil,  gas,  or  electric  engine,  or  machin- 
ery, with  its  appurtenances,  erected  under  the 
authority  of  this  sub-division  or  otherwise ;  and  also 
the  building  or  buildings  in  which  the  same  may  be 
established ;  and  if  such  committee,  after  investiga- 
tion, shall  think  such  steam  engine,  oil,  gas,  or  elec- 
tric engine,  or  machinery,  with  its  appurtenances 
or  buildings,  dangerous  to  the  health  or  comfort  of 
the  neighborhood,  or  from  liability  to  accident  from 
fire  or  explosion  arising  from  defects  in  the  con- 
struction thereof,  or  otherwise,  they  shall  report 
thereon  to  the  City  Council,  who  are  hereby  empow- 
ered and  required  to  order  the  same,  or  any  part 
thereof,  to  be  pulled  down,  altered  or  removed,  in 
such  manner  and  within  such  reasonable  time  as 
Council  may  deem  expedient.  And  in  case  the 
owner  of  such  steam  engine,  oil,  gas,  or  electric  en- 
gine, or  machinery,  with  its  appurtenances,  shall 
refuse  or  neglect  to  pull  down,  alter  or  remove  the 
same,  or  such  part  thereof,  in  the  manner  and  within 
the  time  specified  in  such  notice.  City  Council  shall 
cause  their  order  thereon  to  be  carried  into  effect  at 
the  expense  of  such  owner,  to  be  recovered  in  any 


Council  to  ap- 
point Committee 
to  examine  en- 
gines and  build- 
ings. 


To  report  dan- 
gerous engines  to 
Council. 


Council  to  or- 
der removal  of 
dangerous         e  n- 


282 


STEAM    ENGINES. 


Penalties  for  re- 
fusal. 


Council  to  ap- 
point Committee 
to  examine  any 
engine  already 
erected. 


Committee  t  o 
order  spark  or 
steam  arresters 
placed  on  smoke- 
stacks. 


court  of  competent  jurisdiction;  and  such  owner 
shall  further  forfeit  and  pay  a  sum  not  exceeding 
one  thousand  ($i,ooo)  dollars  for  every  such 
refusal  or  neglect ;  and  likewise  the  sum  of  fifty 
($50)  dollars  for  each  day  such  steam  engine,  oil, 
gas,  or  electric  engine,  or  machinery,  shall  be  em- 
ployed, impelled  by  steam,  or  otherwise,  or  worked 
after  the  expiration  of  such  notice  before  such  alter- 
ation, correction  or  removal  shall  be  effected. 

Sec.  736.  The  City  Council  shall  appoint  a  com- 
mittee to  examine  at  any  and  all  times  into  the  situ- 
ation and  condition  of  any  steam-engine  or  machin- 
ery, and  their  appurtenances,  impelled  by  steam, 
and  the  buildings  in  which  the  same  are  contained, 
already  erected  and  established  within  the  City,  and 
take  such  proceedings  thereon,  in  every  particular, 
as  is  authorized  on  the  part  of  the  City  Council  and 
its  committee,  in  the  next  preceding  section  of  this 
Ordinance;  and  all  the  penalties  contained  in  that 
section  shall  be  applicable  and  enforced  against,  and 
upon  the  owner  of  such  steam-engine  or  machinery, 
with  their  appurtenances  and  buildings  connected 
therewith,  in  the  same  manner  and  to  the  same  ex- 
tent as  is  provided  in  the  said  section.. 

Sec.  737.  That  the  Committee  on  Steam  En- 
gines be,  and  they  are  hereby,  authorized  and  em- 
powered to  inspect  any  and  all  steam  plants  now 
and  hereafter  operating  and  doing  business  within 
the  City  limits,  and  wherever,  in  their  judgment, 
an}^  smokestack,  chimney,  pipe,  or  other  receptacle 
for  the  escape  of  smoke  or  steam  emits  sparks  or 
steam  so  as  to  be  dangerous  or  a  nuisance,  then  in 
such  cases,  they  shall  instruct  the  owner  or  owners 
of  said  plant  to  place  proper  spark  or  steam  arresters 
on  said  smokestack,  chimney,  pipe  or  other  recepta- 
cle for  the  escape  of  smoke  or  steam  '.Provided,  that 
in  the  judgment  of  said  committee  it  be  not  imprac- 
ticable to  adjust  and  use  said  spark  or  steam  arrest- 
ers. 


DISORDERLY    BEHAVIOR   AND    HOUSES. 


283 


Upon  a  refusal  to  comply  with  the  instructions  penalty  for  re- 
of  said  Committee  on  Steam  Engines  the  owner  or  a,m'mittee.  ° '^  ^  ^ 
owners  of  such  steam  plant  shall  be  notified  in  writ- 
ing by  the  chairman  of  said  Committee  that,  if  said 
instructions  are  not  obeyed  and  proper  spark  or 
steam  arresters  adjusted,  as  required  by  said  written 
notice,  within  seven  days  from  the  date  of  service 
of  such  notice  upon  said  owner  or  owners,  he  or 
they  shall  be  fined  fifty  dollars,  or  suffer  imprison- 
ment for  not  less  than  thirty  da3^s. 


CHAPTER  XVII. 

DISORDERLY    BEHAVIOR    AND    HOUSES— DISOR- 
DERLY  PERSONS— GAMBLING— SUNDAY. 

Sec.  738.     If  any  person  or  persons  whomsoever  Aug.  15,  1844. 
shall  molest,  disturb,  interfere  with  or  interrupt  any    ,.  Unlawful      t  o 

^  •'      disturb      meetings 

meeting  of  either  of  the  Boards  of  Commissioners  °^  Commissioners, 
of  the  City  Institutions  or  Departments,  constituted 
or  organized  under  the  Ordinances  now  in  force, 
or  which  may  be  hereafter  passed,  or  shall  assault, 
strike,  menace,  insult,  molest,  or  abuse  any  of  the 
members  of  either  of  the  said  Boards  of  Commis- 
sioners or  Departments,  during  his  or  their  attend- 
ance at  any  meeting  of  either  of  the  said  Boards  of 
Commissioners  or  Departments,  or  while  otherwise 
in  the  proper  discharge  of  his  duty  as  a  Commission- 
er, such  person  or  persons  so  offending  shall  each  be 
subject  to  a  fine  of  not  less  than  twenty,  or  more  than  Penalty, 
one  hundred  dollars,  or  imprisonment  not  exceeding 
ten  days;  and  if  the  offender  be  an  officer  of  the 
City,  or  a  person  holding  or  exercising  any  office, 
license,  privilege,  occupation  or  appointment,  derived 
from  or  under  the  authority  of  the  City  Council,  or 
under  any  Ordinance,  and  if  the  offence  be  com- 


284 


DISORDERLY    BEHAVIOR    AND    HOUSES. 


All  clamorous 
noises,  either  in 
the  day  or  at 
night,     unlawful. 


Penalty. 


Proviso. 


Apl.   9,   1858,   §1. 

Indecent  disor- 
derly conduct, 
drunkenn  ess, 
quarreling,  fight- 
ing, &c.,  unlaw- 
ful. 


mitted  against  or  during  the  sitting  and  in  the  pres- 
ence of  the  Board  of  Commissioners,  to  which  such 
person  is  responsible,  accountable  and  amenable,  or 
to  the  supervision  of  which  he  is  subjected  by  and 
under  the  Qrdinances,  the  said  offender  shall  be 
subject  to  be  suspended  from  such  office,  license, 
privilege,  occupation  or  appointment,  after  a  full 
hearing,  by  the  votes  of  a  majority  of  such  Board, 
for  a  period  not  exceeding  six  months,  and  shall, 
during  such  suspension,  forfeit  all  salary,  emolu- 
ment, fees  and  advantages  attached  to  such  office, 
appointment  or  license;  and  it  is  declared  that  the 
proceedings  of  such  Board,  in  regard  to  such  sus- 
pension, shall  in  no  instance  be  delayed  by  the  pend- 
ing of  any  prosecution  for  the  recovery  of  any  pen- 
alty incurred  under  this  section. 

Sec.  739.  All  clamorous  crying  of  wares,  sing- 
ing, whooping,  or  other  obstreporous,  wanton  and 
unnecessary  noises,  either  in  the  day  time  or  at 
night,  calculated  to  disturb  the  peace  and  quiet  of 
the  City,  whether  in  the  public  streets,  or  within  en- 
closures, public  or  private,  are  prohibited,  under  a 
penalty  not  exceeding  twenty-five  dollars,  or  im- 
prisonment not  exceeding  thirty  days :  Provided, 
however,  That  nothing  in  this  section  shall  be  con- 
strued to  extend  to  such  musical  serenades  as  may 
be  conducted  with  sobriety  and  decorum,  or  to 
decorous  and  decent  dancing  and  singing  at  private 
houses,  public  assemblies,  or  at  academies  where 
persons  are  instructed  in  the  arts  of  singing  and 
dancing. 

Sec.  740.  If  any  person  shall  appear  in  a  pub- 
lic place  in  a  state  of  nudity,  or  in  a  dress  not  be- 
coming his  or  her  sex,  or  shall  make  any  indecent 
exposure  of  his  or  her  person,  or  be  guilty  of  any 
disorderly,  lewd,  or  indecent  conduct,  cursing  and 
swearing,  clamorous  noises,  drunkneness,  quarrel- 
ing, fighting,  scurrilous,  obscene,  indecent,  or  pro- 


DISORDERLY  HOUSES. 


285 


fane  writing,  pictures,  marks  or  figures,  on  any 
walls,  fences,  houses  or  structures,  or  shall  print, 
engrave,  make,  exhibit,  sell,  or  offer  to  sell,  any 
indecent  or  lewd  book,  picture  or  any  other  thing, 
or  shall  throw  from  any  house  or  window,  water, 
offal  or  other  matter,  upon  the  sidewalks,  shall  be 
subject  to  a  fine  not  exceeding  one  hundred  dollars, 
or  imprisonment  not  exceeding  thirty  days. 

Sec.  741.  It  shall  not  be  lawful  for  any  person 
or  persons  to  interrupt  or  disturb  any  audience  who 
may  be  assembled  in  any  place  or  places  of  amuse- 
ment within  the  city,  by  any  noise  or  loud  talking, 
indecent. behavior,  or  other  annoyance,  which  may 
in  any  manner  interfere  with  good  order  and 
decorum.  And  every  person  so  offending,  upon 
conviction,  shall  be  subject  to  a  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars,  for  each 
and  every  offence,  or  imprisonment  not  exceeding 
ten  days.  A.nd  every  person  so  offending  may  be 
apprehended  by  any  sheriff,  constable,  or  police  offi- 
cer who  may  be  present. 

Sec.  742.  It  shall  not  be  lawful  for  any  huck- 
ster, vendor  or  other  person  to  cry  fish,  shrimp,  veg- 
etables or  other  commodities  in  the  streets  of 
Charleston  for  sale  before  6  o'clock  in  the  morning 
or  after  9  o'clock  at  night  ■.Provided,  hozvever,  That 
on  Saturday  nights  the  said  parties  shall  be  allowed 
to  cry  their  wares  until  10  o'clock.  And  any  per- 
son offending  against  this  Section  shall,  for  each 
and  every  offence,  be  subject  to  a  penalty  not  ex- 
ceeding five  dollars,  or  to  imprisonment  not  exceed- 
ing five  days. 


Water,  &c.,  not 
to  be  thrown  up- 
on   sidewalk. 

Penalty. 


Feb.  27,   185s,  §1. 

Unlawful  t  o 
disturb  audiences 
at  places  of  pub- 
lic amusement. 


Penalty. 


Oct.   23,    1888. 

Street  cries  not 
lawful  before  6 
A.  M.  or  after  9 
P.  M. 


Penalty. 


Disord erlv  Houses. 


Sec.  743.     Any  person  who  is  the  keeper  or  in-  juiy  n,  1893 
mate  of  a  house  of  ill-fame,  or  who  is  the  keeper  of 
a  house  or  place  used  for  any  lewd,  obscene,  or  in- 


Disorderly 
houses    defined. 


286 


DISORDERLY  HOUSES. 


Keeper 
of  a  misdemeanor. 


Penalty. 


Upon  c  o  m- 
plaint.  Chief  of 
Police  to  act. 


lb.,  §  2. 


Duty  of  the  po 
lice. 


Duty  of  the  Re 
corder. 


decent  purpose,  or  who  is  the  keeper  of  a  house  of 
assignation  used  for  any  such  purpose,  or  who  keeps 
an  indecent  and  disorderly  house  by  which  the  peace, 
comfort  and  decency  of  a  neisfhborhood  are  habit- 
ually  disturbed,  shall  be  deemed  guilty  of  a  misde- 
meanor. This  section  shall  be  construed  to  apply 
to  any  part  or  parts  of  a  house  used  for  any  of  the 
guilty  purposes  herein  specified.  And  every  person  viola- 
ting this  section,  or  any  portion  thereof,  upon  con- 
viction of  such  violation  in  any  court  of  competent 
jurisdiction,  shall  be  subject  to  a  fine  of  not  less 
than  twenty  dollars  nor  more  than  eighty  dollars, 
or  to  imprisonment  not  exceeding  one  month  for 
each  and  every  offence.  And  it  is  hereby  made  the 
duty  of  the  Chief  of  Police,  under  the  instruction 
of  the  Mayor,  to  enforce  the  provisions  of  this  sec- 
tion, upon  any  complaint  made  to  him  by  reputable 
citizens  residing  or  owning  property  in  the  neighbor- 
hood of  the  permises  involved. 

Sec.  744.  In  all  cases  of  dancing,  riots,  noise 
and  disturbance,  at  such  disorderly  house  or  houses, 
place  or  places,  or  any  other  place,  it  shall  be  the 
duty  of  the  commanding  officer  at  the  police  sta- 
tion, or  any  other  commissioned  Police  officer 
to  repair  forthwith  to  the  spot,  and  commit  to  the 
police  station,  for  examination  the  next  morning, 
the  keeper  or  keepers  of  such  disorderly  house  or 
houses,  place  or  places,  and  the  persons  in  any  wise 
concerned  in  such  dancing,  riot,  noise  or  disturb- 
ance. And  it  shall  be  the  duty  of  the  Recorder  to 
take  the  examination  of  the  person  or  persons  so 
committed,  as  well  of  the  accusers,  and  upon  satis- 
factory evidence,  either  to  discharge  the  parties  ac- 
cused or  cause  them  to  enter  into  recognizance  in 
such  sum  as  he  may  think  fit  conditioned  for  their 
appearance  before  the  Police  Court  or  any  other 
court  of  competent  jurisdiction  to  be  selected  by 
the  said  Recorder,  to  answer  to  the  charges  alleged 


DISORDERLY   PERSONS. 


287 


against  them.  x\nd  the  Recorder  is  hereby  author- 
ized to  bind  over  such  witnesses  as  he  may  deem  fit, 
to  appear,  prosecute  or  give  evidence  at  the  trial  of 
said  offenders. 

Sec.  745.  The  recognizances  so  taken  shall  be 
turned  over  for  prosecution  to  the  court  so  desig- 
nated by  the  said  Recorder,  and  such  person  or  per- 
sons found  guilty  of  such  riotous  or  disorderly  con- 
duct shall  be  fined  not  exceeding  one  hundred  dol- 
lars, or  be  imprisoned  not  exceeding  thirty  days. 

Sec.  746.  Any  person  detected  in  officiating  as 
a  musician  at  such  dance  or  dances,  as  aforesaid, 
shall,  on  conviction  be  fined  not  less  than  fifty  or 
more  than  one  hundred  dollars,  or  be  imprisoned 
not  exceeding  thirty  days,  in  the  discretion  of  the 
court. 


lb.,  §  3. 


Recognizance  to 
be  handed  over 
for    prosecution. 


Penalty. 


lb.,    §    5- 


Penalty  for  of- 
ficiating as  a  mu- 
sician. 


Disorderly  Persons. 


Disorderly     per- 
sons    defined. 


Drunkards. 


Prostitutes. 


Sec.  747.     The  following  are  hereby  declared  to  Sept.  7.  1895 
be  disorderly  persons : 

1.  A  person  who,  not  having  any  visible  means  idiers. 
to  maintain  himself,  lives  without  employment. 

2.  A  person  who,  being  a  habitual  drunkard, 
abandons,  neglects,  or  refuses  to  aid  in  the  support 
of  his  family. 

3.  A  common  prostitute,  who  has  no  lawful  em- 
ployment whereby  to  maintain  himself  or  herself. 

4.  Any  person   wandering  about  and  begging,   Beggars, 
or  who  goes  about  from  door  to  door,  or  places 
himself  or  herself  in  the  streets,  highways,  passages, 
or  other  public  places,  to  beg  or  receive  alms. 

5.  Any  person,  wandering  about  and  lodging  Tramps, 
in  taverns,  groceries,  ale  houses,  watch  or  station 
houses,  out-houses,  market  places,  sheds,  stables, 
barns,  or  uninhabited  houses,  or  buildings  or  box 
cars,  or  in  the  open  air,  and  not  giving  a  good  ac- 
count of  himself  or  herself. 


288 


DISORDERLY  PERSONS. 


Offenders  to  be 
arrested. 


Penalty. 


July   19,   1886. 

Pool  selling  un- 
lawful. 


Penalty. 


May  31,   1894. 
Gambling    houses. 


Gaming. 


Penalty. 


May  8,   1900. 
Lotteries. 


Sec.  748.  Every  person  so  offending  may  be 
arrested  by  any  sheriff,  constable,  or  police  officer, 
and  upon '  conviction  in  any  court  of  competent 
jurisdiction  shall  be  subject  to  a  fine  not  exceeding 
one  hundred  dollars,  or  imprisonment  not  exceed- 
ing thirty  days  for  each  and  every  offence,  in  the 
discretion  of  the  court. 

Sec.  749.  It  shall  be  unlawful  to  bet  in  or  sell 
a  pool  or  pools  within  the  limits  of  the  City  of 
Charleston  upon  any  horse  race,  boat  race,  foot  race, 
base  ball  or  other  game,  under  a  penalty  not  exceed- 
ing $100,  or  imprisonment  not  exceeding  thirty 
days,  for  each  and  every  offence. 

Sec.  750.  No  person  or  persons  whomsoever 
shall  open,  keep  or  maintain  any  gaming  house  in 
any  building  within  the  corporate  limits  of  the  City, 
or  suffer  or  permit  any  description  of  gaming  or 
playing  any  game  of  chance  or  skill  for  money, 
goods,  chattels  or  other  things  whatever;  nor  shall 
it  be  lawful  for  anyone  to  participate  or  engage  in 
any  device  of  gaming  whatever  in  any  building, 
street,  lane,  alley,  court,  park,  lot  or  public  way 
within  the  City  of  Charleston.  Any  person  or  per- 
sons violating  this  section  or  any  portion  thereof, 
upon  conviction  shall  be  subject  to  a  fine  of  not  less 
than  fifty  dollars,  nor  more  than  eighty  dollars,  or 
to  imprisonment  not  exceeding  thirty  days  for  each 
and   every  offence. 

Sec.  751.  If  any  person  or  persons  shall  publicly 
or  privately  erect,  set  up  or  expose,  to  be  played, 
drawn  or  thrown  at,  or  shall  cause  to  be  erected,  set 
up  or  exposed  to  be  played,  drawn  or  thrown  at,  any 
lottery  or  anything  whatsoever  in  the  nature  of  a  lot- 
tery or  game  of  chance  for  money  or  any  stakes 
whatsoever,  either  by  dice,  cards,  lots,  balls,  num- 
bers, figures  or  tickets,  or  who  shall  make,  write, 
print  or  publish,  or  shall  cause  to  be  made,  written, 
printed  or  published,  any  scheme  or  proposal  for  any 


DISORDERLY  PERSONS. 


289 


Penalty. 


April    10,    1900. 

Unlawful  t  o 
follows  bands,  pa- 
rades,    etc. 


of  the  purposes  aforesaid,  or  whoever  shah  sell  or  ^^^^  ^^  ^^^^^^ 
offer  for  sale  any  tickets,  whether  written,  printed  tickets  unlawful. 
or  otherwise,  or  plan  by  which  a  game  of  chance 
may  be  engaged  in  for  money  or  any  other  goods 
whatsoever,  shall,  upon  conviction  of  any  portion 
of  this  section,  be  subject  to  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  ninety-nine  dollars,  or  to 
imprisonment  not  exceeding  thirty  days  for  each 
and  everv  offence ;  one-half  of  which  said  fine,  if 
the  same  be  paid,  shall  be  paid  to  the  informer,  and 
the  remainder  into  the  City  Treasury  for  the  use 
of  the  City.  That  all  lottery  wheels,  wheels  of  for- 
tune and  all  things  whatsoever  used  or  employed  in 
the  conduct  of  any  such  lottery  or  games  of  chance, 
are  hereby  declared  forfeited  and  shall  be  publicly 
broken  to  pieces  and  destroyed. 

Sec.  752.  Any  person  or  persons  who  shall  ac- 
company any  band  of  music,  parade,  procession  of 
any  kind,  or  any  street  show,  form  of  advertisement, 
or  sight  or  amusement,  through  the  public  streets 
of  the  City  of  Charleston,  such  person  or  persons 
not  being  part  of  or  directly  connected  with  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  punished  by  a  fine  of  not 
more  than  ten  nor  less  than  one  dollar,  or  imprison 
ment  for  not  more  than  ten  nor  less  than  one  day. 

Sec.  753.  No  person  or  persons  whomsoever  Dec.  31,  1901 
shall  open,  keep  or  maintain  any  house,  part  of  a 
house,  or  out  house  or  room  in  any  house  or  build- 
ing within  the  corporate  limits  of  the  City,  wherein 
or  whereat  any  part)^  or  parties  are  allowed  to  re- 
sort for  the  purpose  of  using  or  are  permitted  to 
use  opium  or  cocaine  in  any  form  whatsoever. 

No  person  or  persons  whomsoever  shall  sell 
opium,  cocaine  or  any  similar  preparation  except 
as  a  regularly  licensed  druggist,  and  in  such  case 
.only  when  directed  to  do  so  by  and  under  the 
authority  of  a  prescription  of  some  duly  licensed 
physician. 
19 


i_    Penalty. 


Unlawful 
sell    opium. 


t  o 


290 


SUNDAY. 


Penalty. 


Feb.    13,    igoo. 


Unlawful 
spit  upon 
walks. 


to 
side- 


Nov. 


1902. 


Unlawful  t  o 
trespass  or  use 
City    property. 


Penalty. 


Aii}^  person  or  persons  violating  this  section  or 
any  portion  thereof,  upon  conviction,  shall  be  subject 
to  a  fine  of  not  less  than  fifty  dollars,  nor  more  than 
eighty  dollars,  or  to  imprisonment  not  exceeding 
thirty  days. 

Sec.  754.  That  it  shall  not  be  lawful  for  any 
person  or  persons  to  spit  on  or  upon  the  sidewalks 
of  the  City  of  Charleston.  And  every  person  so 
ofTending,  upon  conviction,  shall  forfeit  and  pay  the 
sum  of  not  less  than  one  dollar  or  more  than  five  dol- 
lars, or  be  imprisoned  for  not  less  than  five  nor  more 
than  ten  days  in  jail,  for  each  and  every  offence. 

Sec.  755.  That  it  shall  be  unlawful  for  any  or 
all  persons,  firms  or  corporations,  by  themselves  or 
their  agents  or  servants,  to  hereafter  wilfully  injure, 
or  illegally  trespass  upon  or  make  use  of,  any  public 
property  of  any  kind  whatsoever  belonging  to,  or  in 
the  possession  and  care  of  the  City  of  Charleston; 

And  anyone  so  offending  shall,  upon  trial  and 
conviction,  be  punishable  for  each  and  every  offence 
by  imprisonment  not  exceeding  thirty  days,  or  by 
a  fine  of  not  over  one  hundred  dollars,  or  both,  in 
the  discretion  of  the  judge  of  court  trying  the  same. 


Sunday. 


May  2,   1801. 

No  work  or 
business  to  be 
done   on    Sunday. 


Penalty. 


Aug.    9,    1892. 

No  goods,  ex- 
cept drugs,  milk 
and  ice  to  be  sold 
on    Sunday. 


Sec.  756.  No  tradesman,  laborer  or  other  per- 
son whomsoever  shall  do  or  exercise  any  wqi'ldly 
labor,  business,  or  work  of  their  ordinary  callings, 
on  the  Lord's  day  (work  of  necessity,  charity,  and 
the  necessary  occasions  of  the  family  excepted), 
and  every  person  of  the  age  of  fifteen  years  and  up- 
wards so  offending  shall,  for  every  such  offence,  be 
subject  to  a  fine  not  exceeding  twenty  dollars  or 
imprisonment  not  exceeding  ten  days. 

Sec.  757.  No  person  or  persons  whomsoever 
shall  publicly  expose  for  sale,  or  sell  in  any  shop, 
warehouse  or  otherwise  any  goods,  wares  or  mer- 


SUNDAY. 


291 


No  sports,   etc., 
to  be  allowed. 


chandise  whatsoever,  upon  the  Lord's  Day,  except- 
ing drugs  and  medicines,  milk  and  ice ;  and  every 
l)erson  so  offending  shah,  for  every  such  offence, 
be  Hable  to  be  fined  in  any  sum  not  exceeding  twenty 
dollars,  or  imprisonment  not  exceeding  ten  days ; 
provided,  hoivcvcr,  that  it  may  be  lawful  for  tlie  Exception, 
proprietors  thereof  to  open  ice  cream  gardens  or 
ice  cream  shops,  soda  water  fountains,  fruit  shops, 
tobacco  and  cigar  shops  on  Sundays,  after  the  hour 
of  12  M.,  and  to  sell  ice  cream,  soda  water,  fruit, 
tobacco  and  cigars  therein,  and  bread  may  be  sold 
in  bakeries  up  to  the  hour  of  lo  o'clock  A.  M. 

Sec.  758.  No  sports,  pastimes,  public  exercises 
or  exhibitions,  or  games  whatsoever,  shall  be  al- 
lowed on  the  Lord's  Day ;  and  every  person  so 
offending  shall,  for  every  such  offence,  be  subject 
to  a  fine  not  exceeding  twenty  dollars  or  imprison- 
ment not  exceeding  ten  days. 

Sec.  759.  If  any  person  or  persons,  whomso- 
ever, shall  disturb  any  congregation  of  people,  law- 
fully assembled  at  any  church  or  public  place  of  wor- 
ship, to  perform  divine  service ;  or  shall  at  any  time 
cause  any  riot  or  disturbance  in  any  of  the  churches 
or  public  places  of  worship,  of  any  sect  or  religion 
within  this  City,  he,  she  or  they  shall,  for  every  such 
offence,  be  liable  to  be  fined  in  any  sum  not  exceed- 
ing twenty  dollars,  or  imprisonment  not  exceeding 
ten  days. 

Sec.  760.  It  shall  not  be  lawful,  on  Sunday  to 
or  for  any  person  or  persons  riding  on  horseback 
or  driving  any  carriage  or  carriages  whatever,  to 
ride  or  to  drive  faster  than  a  walk  when  passing  by 
any  church  or  public  place  of  worship,  while  divine 
service  is  performed  and  kept  in  the  same.  And  ev- 
ery person  riding  faster  than  a  walk,  as  aforesaid, 
shall,  for  each  and  every  such  offence,  be  subject 
to  a  fine  not  exceeding  five  dollars,  or  imprisonment 
not  exceeding  ten  days ;  and  every  person  driving  Penalty. 


Penalty  for  dis- 
turbing congre- 
gations. 


Unlawful  t  o 
ride  or  drive  fast- 
er than  a  walk, 
when  passing 
places  of  worship 
on   Sunday. 


292 


SUNDAY. 


lb.,    §   2. 

Police  to  stop 
horses  on  Sunday 
ridden  or  driven 
faster  than  a 
walk  past 

churches. 


To  arrest  per- 
sons refusing  to 
desist,  and  to  de- 
tain horses  and 
carriages. 


Horses  and 
carriages  to  be  de- 
livered to  their 
owners  if  applied 
for.  If  not,  to 
be  sent  to  a  liv- 
ery stable. 


lb.,    §    3- 

Police  to  be  sta- 
tioned before 
churches. 


faster  than  a  walk,  as  aforesaid,  shall,  for  each  and 
every  such  offence,  be  subject  to  a  fine  not  exceed- 
ing" ten  dollars  or  imprisonment  not  exceeding  ten 
days. 

Sec.  761.  It  shall  and  may  be  lawful  for  any 
person  or  persons  whomsoever,  and  it  shall  be  the 
particular  duty  of  the  police,  and  of  every  member 
thereof,  to  stop  any  horse  or  horses,  and  any  car- 
riage or  carriages  which  shall  or  may  be  respectively 
ridden  or  driven  faster  than  a  walk,  whilst  passing 
by  any  church  or  public  place  of  worship  on  Sunday, 
during  the  performance  of  divine  service  in  the 
same;  and,  (if  the  person  or  persons  riding  or  driv- 
ing faster  than  a  walk,  should  not  immediately  de- 
sist, )  to  conduct  each  and  every  of  them  to  the  Police 
Station,  and  likewise  to  detain  the  horse  or  horses, 
and  the  carriage  or  carriages.  And  every  person 
so  brought  to  the  Police  Station,  shall  again  be  set 
at  liberty,  upon  being  duly  recognized,  so  as  to 
secure  his  prosecution  before  a  competent  court, 
unless  such  person  shall  previously  pay  the  aforesaid 
fine  of  five  dollars  for  riding  faster  than  a  walk,  or 
the  aforesaid  fine  of  ten  dollars  for  driving  faster 
than  a  walk,  as  the  case  may  be,  to  the  commanding 
officer  of  the  Police  Station.  And  all  horses  and 
carriages,  detained  as  aforesaid,  shall  be  delivered  up 
to  their  respective  owners,  if  applied  for  within  an 
hour  after  their  detention ;  and  if  not  applied  for 
within  that  time,  they  shall  be  sent  by  the  command- 
ing officer  of  the  Police  Station  to  'the  next  livery 
stable,  there  to  be  kept  until  the  expenses  of  their 
keeping  be  defrayed  by  the  respective  owners. 

Sec.  762.  The  Mayor  of  the  City  shall  have 
power  and  authority  to  order  one  or  more  men  of 
the  police  force  to  stand  in  front  of  any  church  or 
public  place  of  worship  during  divine  service  on 
Sunday;  whose  duty  it  shall  be  then  and  there  to 
prevent,    in   the   manner   aforesaid,    all    riders   and 


CITY  OFFICERS. 


293 


drivers  of  carriages  from  passing  by  the  same  faster 
than  on  a  walk ;  also,  to  cause  all  carriages  of  any 
description  whatever  to  be  drawn  up  and  arranged 
in  such  manner  and  form,  not  obstructing  the  free 
passage  of  any  street,  as  shall  be  regulated  by  the 
vestry  or  elders  of  every  congregation,  at  whose 
place  of  worship  such  sentinel  or  sentinels  shall  be 
stationed ;  and  to  take  up  all  disturbers  of  divine 
service  at  or  near  any  such  place  of  worship,  to  be 
dealt  with  according  to  law. 

Sec.  76^.     It  shall  not  be  lawful  to  open  or  keep  feb.  19,  1856,  §. 

'      ^  Jan.   19,   1858,  §1. 

open  any  bar  room  or  liquor  saloon,  or  any  room      u^^^^^^i — ^ 
or  place  for  the  sale  of  wine,  malt,  or  spirituous  liq-  keep    open    bar- 

..  ..  .,^~,.  r-1  1     '"ooms  on   Sunday. 

uors,  withm  the  hmits  of  the  City  on  Sunday ;  and 
the  owner  or  keeper  of  any  such  room,  saloon  or 
place  so  opened  or  kept  open  in  violation  of  the  pro- 
visions of  this  section,  shall  be  liable  to  a  penalty  Penalty. 
of  twenty  dollars,  or  imprisonment  not  exceeding 
ten  days  for  each  ofifence. 


CHAPTER  XVIII. 

City  Officers — Official  Bonds — City  Surveyor  and 
Assistant  City  Surveyor — Clerk  of  Council — 
Mayor's  Secretary  and  Custodian  of  the  City  Hall. 

City  Officers. 

Sec.  764.     The  regular  time  for  the  election  of  Oct.  s,  1805,  §1. 
such  City  officers  as  are  annually  or  biennially  or  May  u',  1897. 
quadriannually  elected  by  Citv  Council  shall  be  the      Time    for    the 

,    rr-i  ,  .        _  1         r-  ■  r    annual  election  of 

second  luesday  m  January  or  the  hrst  meeting  of  city  officers. 
Council  thereafter,  except  as  herein  otherwise  pro- 
vided ;  and  it  shall  be  the  duty  of  the  Clerk  of  Coun- 
cil, ten  days  before  such  time,  to  give  notice  in  one 
or  more  newspapers  of  the  City  of  the  officers  to 
be  elected,  and  the  time  on  which  such  election  shall 
take  place. 


294 


CITY   OFFICERS. 


lb.,   §   2. 


Vacancies. 


Oct.   13,   1806,  §9. 

Officers  of  pub- 
lic institutions  to 
be  annually 
elected. 


May  9,   1808,  §   I. 

Power  of  Com- 
missioners to  dis- 
charge their  offi- 
cers. 


Proviso. 


Oct.  13, 1806,     §10. 

Vacancies,     how 
filled. 


lb.,    §    II. 
Elections        b  y 
C  o  m  m  i  s  sioners 
to      be      approved 
by    Council. 


Sec.  765.  In  case  of  vacancy  in  any  of  the  offi- 
ces of  the  City,  either  by  death,  resignation,  or  re- 
moval, pnl^Hc  notice  of  an  election  to  fill  the  vacancy 
shall  be  given  as  aforesaid ;  and  the  person  or  per- 
sons so  elected  shall  hold  their  office  or  offices  for 
the  balance  of  the  term. 

Sec.  766.  All  persons  employed  in  the  public  in- 
stitutions and  departments  of  the  City,  whose  elec- 
tion is  delegated  to  the  Commissioners  thereof,  re- 
spectively, shall  be  annually  elected  by  such  Com- 
missioners. 

Sec.  767.  The  Commissioners  of  each  and  every 
institution  appointed  by  the  City  Council,  or  the 
Mayor,  and  to  whom  power  is  given  to  appoint  offi- 
cers under  them,  are  authorized  and  empowered  to 
remove  all  such  officers,  whensoever  they  may  think 
proper :  Provided,  ahvays,  That  such  removals  from 
office  shall  be  previously  sanctioned  by  a  vote  of 
the  City  Council. 

Sec.  768.  Whenever  any  person  employed  in 
any  public  institution  or  department  of  the  City  re- 
signs or  dies,  or  is  removed  from  office,  a  new  elec- 
tion shall  be  held  within  a  fortnight  afterward,  (un- 
less otherwise  ordered  by  the  City  Council,)  ten 
days'  previous  notice  thereof  having  been  given  in 
a  City  paper,  to  fill  the  vacancy  during  the  unexpired 
term,  for  wdiich  such  office  or  employment  had  been 
conferred  on  the  person  so  retiring,  dying  or  re- 
moved. 

Sec.  769.  All  and  every  election  of  a  person  or 
persons,  employed  in  any  of  the  public  institutions 
or  departments  of  the  City,  whose  election  is  com- 
mitted to  the  respective  commissioners  thereof 
shall  be  subject  to  the  approbation  of  the  City  Coun- 
cil ;  to  which  end  the  chairman  of  every  Board  of 
Commissioners  shall,  immediately  after  such-  an 
election  hath  been  held,  give  to  the  City  Council 
official  notice  of  the  same,  and  of  the  person  or  per- 


CITY   OFFICERS.  295 

sons  who  shall  have  been  elected.  And  if  the  City 
Council  should  not  approve  of  any  person  elected  by 
the  Commissioners  aforesaid,  it  shall  be  the  duty 
of  such  Commissioners  to  fill  the  vacancy  thereby 
occasioned,  by  a  new  election  of  another  person, 
within  the  time  and  in  the  manner  above  prescribed, 
and  submit  every  such  new  election  to  the  City  Coun- 
cil for  their  approbation. 

Sec.    770.     If  the   City   Council   should   at  any        ib.,  §  13. 
time,  dispense  with  the  appointment  of  Commission-     if  Commission- 

^  ,,....  ,  ers   should  not   be 

ers  01  any  public  mstitution  or  department  of  the  elected,  or  should 

^•,  -r  -p,  1         r     /-^  •       •  111     resign,     Aldermen 

City;  or  it  any  Board  of  Commissioners  should  shaii  perform  the 
refuse  to  accept  of  their  appointment,  or  should  re- 
sign before  the  expiration  of  the  term  for  which 
they  were  appointed,  the  Aldermen  of  the  City,  or 
a  committee  of  their  body,  shall  perform  all  the  func- 
tions and  exercise  all  the  powers  appertaining  to 
such  Commissioners,  until  a  new  Board  shall  be 
appointed  by  the  City  Council. 

Sec.  771.     Every  City  officer  who  is  not  entitled        ib.,  s  16. 


to  any  fee,  emolument,  commission,  or  perquisite.  Penalty  on  city 
by  virtue  of  any  Ordinance,  who  shall  charge  or  take  gai  fees. 
any  fee,  emolument,  commission,  or  perquisite  what- 
ever, for  any  act  or  service  done  in  his  official  capac- 
ity ;  and  every  City  officer  who  shall  charge  or 
take  any  fee,  emolument,  commission  or  perquisite, 
higher  than  what  he  is  entitled  to,  shall,  on  convic- 
tion thereof,  be  dismissed  from  his  office,  for  such 
malpractice  and  want  of  good  behavior. 

Sec.  y'/2.     The  persons  employed  in  the  Orphan        ib.,  §  18. 


House,  Alms  House,  and  City  Hospital,  shall,  in  Rations  to  be 
addition  to  their  salaries  be  entitled  to  such  rations  certain  institu- 
for  their  subsistence,  and  to  such  other  emoluments 
for  their  services,  as  the  respective  Commissioners 
of  the  said  public  institutions  may  think  proper  to 
allow  them  respectively,  subject  always,  neverthe- 
less, to  the  control  of  the  City  Council. 

Sec.  773.     The  City  Council  shall,  at  all  times. 


296 


CITY   OFFICERS. 


lb.,    §    19. 


Council  empow- 
ered to  alter  sal- 
aries, and  to  pre- 
scribe additional 
duties. 


Oct.  10, 1826,    §15. 

City  officers  to 
be  residents  of 
the  City. 


lb.,    §    16. 


All  officers  sub- 
ject  to   removal. 


Oct.   26,   1840,  §  8. 

Officers  forbid- 
den to  take  con- 
tracts. 


have  a  right  to  alter  the  salaries,  compensations, 
emoluments  and  perquisites  of  all  City  officers,  and 
any  or  either  of  them,  as  to  them  may  seem  fit  and 
expedient,  except  the  salary  of  the  Recorder;  and 
also,  to  prescribe  to  the  City  officers,  and  any  of 
them,  such  other  and  additional  duties  and  regula- 
tions as  they  may  think  proper  in  regard  to  their 
respective  offices.  And  so  shall  likewise  the  Com- 
missioners of  the  Public  Institutions  and  Depart- 
ments of  the  City  be  authorized  and  empowered  to 
prescribe,  from  time  to  time,  to  the  persons  em- 
ployed by  and  under  them,  respectively,  such  other 
and  additional  duties  and  regulations  as  to  the  said 
Commissioners  may  appear  suitable  and  meet.  That 
all  changes  in  the  salaries  of  the  City  officers  made 
by  this  Ordinance  shall  take  effect  on  the  first  d^ 
of  January,  1904. 

Sec.  774.  All  City  officers  hereafter  to  be  elected 
by  the  City  Council,  shall  be  residents  of  the  City 
of  Charleston,  during  the  period  for  which  they,  or 
either  of  them,  have  been  elected;  and  no  City  offi- 
cer shall  be  permitted  to  leave  the  City  for  a  longer 
period  than  one  week,  without  first  obtaining  the 
permission  of  the  Mayor  or  Council,  on  pain  of  for- 
feiting his  or  their  office  or  offices.  And  in  case  any 
officer  shall  leave  the  City,  as  aforesaid,  without  per- 
mission, the  Council  shall  proceed  to  the  election  of 
another  officer  or  officers,  to  supply  the  vacancy 
hereby  declared. 

Sec.  775.  Each  and  every  City  officer,  elected 
by  the  City  Council  of  Charleston,  shall  be  subject, 
at  any  time,  to  be  removed  from  office  by  Council, 
for  such  causes  as  to  them  shall  seem  sufficient,  after 
a  full  hearing  of  the  case. 

Sec.  776.  No  person  holding  an  office  under  the 
City  Council,  or  under  any  of  the  Boards  of  Com- 
missioners appointed  by  Council,  shall  be  the  con- 
tractor  for,   or   undertake   any   building,   work,   or 


OFFICIAL     BONDS. 


297 


repairs  to  be  executed  by  Council  or  any  of  the  said 
Boards,  under  penalty  of  the  forfeiture  of  the  said 
office,  to  be  vacated  by  order  of  Council.. 

Sec.  jyy.     It  shall  and  may  be  lawful  for  any  of  Feb.  12,  1895- 
the  Boards  elected  by  City  Council,  if  in  their  judo--    ^^^^\  may  elect 

•'  •'  .  o"e    of    Its    mem- 

ment  it  is  best  so  to  do,  to  elect  one  of  their  num-  ^^''/^s  Secretary 

and    Ireasurer. 

ber  to  serve  as  Secretary  and  Treasurer  or  Secretary 
or  Treasurer  and  to  pay  such  officer  so  elected  for 
his  services ;  Provided,  however,,  That  in  such  case  Proviso, 
the  said  officer  shall  not  vote  as  a  member  of  said 
Board  on  any  question  in  which  he  or  his  office 
may  be  interested. 

Official  Bonds. 

Sec.  778.     Every  applicant  for  an  office  or  em-  0^^-13,  1806,  §12. 
ployment,  either  in  the  gift  of  the  City  Council,  or  city^^'oS   ^to 
of  the  commissioners  of  any  of  the  public  institu-  "^'"^  sureties, 
tions  or  departments  of  the  City,  shall  mention  in 
his  letter  of  application  his  surety,  or  sureties,  if 
such  be  required:  and  shall,  within  a  fortnight  after 
being  elected,  give  his  bond,  with  such  surety  or  g„^°"^  *°  "^^  ^'^'" 
sureties,  and  in  such  a  sum  as  shall  be  approved  of. 
and  demanded  by,  the  City  Council,  or  by  the  re- 
spective   Commissioners,    by    whom    he   hath   been 
elected  as  aforesaid. 

Sec.   779.     All   bonds   required   of  City  officers  Jan-  n,  1845.  §^- 
shall    be    drawn    payable    to    the    City    Council    of    J^?'^'^l**°'i^     °^ 

'-     •'  ■'  official  bonds. 

Charleston,  and  conditioned  for  the  faithful  per- 
formance of  all  the  duties  of  the  respective  officers, 
as  they  are  now,  or  hereafter  may  be,  defined  and 
set  forth  by  the  Ordinances  of  the  City  now  in  force, 
or  which  may  be  hereafter  passed ;  and  also,  that  the 
said  officers,  respectively,  shall  pay  all  fines  and  for- 
feitures which  may,  during  their  term  of  office,  be 
imposed  on  such  officer  by  vote  of  the  City  Council, 
or  any  of  the  Boards  of  Commissioners  or  depart- 
ments under  whose  appointment  such  person  may 


298 


OFFICIAL     BONDS. 


March   27,    1900. 
Oct.    10,   1826,   §7. 

Bonds  to  be 
approved  by 
Council. 


Upon  failure  of 
any  person  to 
give  bond,  his 
office  declared  va- 
cant. 


27  March,  1900. 

How  Bonds  are 
to    be    examined. 


hold  his  office,  for  neglect  or  default  of  any  of  the 
duties  prescribed,  or  to  be  prescribed  by  the  City 
Ordinances;  and,  further,  that  such  officer  shall 
well  and  truly  account  to  the  City  Council,  whenever 
required,  for  all  property  and  moneys  belonging  to 
the  City,  or  any  of  the  Boards  or  Departments  under 
the  City  Council,  which  shall  or  may  come  into  his 
hands  by  virtue  of  his  office ;  and  the  bond  of  the 
Clerk  of  the  City  Court  shall  contain  the  fur^l^er 
condition,  that  the  Clerk  shall  and  will  well  and  truly 
perform  the  duties  of  his  office,  as  now  or  hereafter 
required  by  law,  during  the  whole  period  he  may 
continue  in  office. 

Sec.  780.  All  and  every  bond  or  bonds,  with  the 
respective  securities  required  to  be  given  by  any 
Ordinance,  shall,  before  they  are  accepted  or  re- 
ceived, be  referred  to  the  Committee  on  Official 
Bonds,  who  shall  examine  the  same  and  report  to 
Council ;  the  said  bonds  when  approved  and  exe- 
cuted shall  be  recorded  in  the  office  of  the  Register 
of  Mesne  Conveyance  for  Charleston  county,  and  if 
any  person  elected  to  any  office  shall  fail  to  provide 
and  perfect  the  security  required  of  him,  respect- 
ively, within  the  time  required  by  this  Ordinance, 
the  office  of  such  defaulting  officer  shall  be,  and  the 
same  is  hereby,  declared  to  be  vacant,  and  the  City 
Council  shall  proceed  to  another  election  to  fill  the 
vacancy  at  such  time  as  they  may  deem  proper. 

Sec.  781.  The  bonds  hereafter  to  be  given  for 
the  faithful  performance  of  the  duties  of  the  City 
officers  shall  be  examined  by  the  Mayor  of  the  City, 
together  with  the  Committee  on  Official  Bonds, 
for  the  time  being,  at  such  times  as  they  may  ap- 
point ;  but  not  less  than  twice  in  each  and  every  year. 
If  any  of  the  securities  on  either  of  the  aforesaid 
officers'  bonds  should  die  or  depart  permanently 
from  the  State,  or  if  the  Mayor  and  the  Committee 
aforesaid  should,  at  the  time  of  their  examination. 


OFFICIAL     BONDS. 


299 


1  n 
the    event    of    the 


or  at  any  other  time,  be  of  the  opinion  that  either  of 
the  said  securities  is  not  worth  as  much,  clear  of 
debt,  as  the  proportion  of  the  obHgation  to  which 
his  name  is  affixed,  to  which  security  would  be  lia- 
ble, if  all  the  other  parties  to  the  said  bond  were  per- 
fectly sufficient  and  solvent,  they,  the  Mayor  and 
the  Committee  aforesaid,  shall  cause  the  said  City  the^'^^vent°" 
officer  to  be  notified  of  such  exception ;  and  the  said  '^^^^^  /"^   insoiv- 

"  ency  of  securities. 

officer  shall,  within  thirty  days  after  the  service  of 
such  notification,  procure  other  security  satisfac- 
tory to  the  City  Council,  for  such  as  have  departed 
the  State  or  died,  (but  shall  not  cancel  or  impair 
the  original  bond,)  or  produce  satisfactory  evidence 
to  the  City  Council  that  the  security  objected  to  as 
insolvent  is  worth  as  much  clear  of  debt,  as  the  said 
obligation,  according  to  the  provision  aforesaid ; 
or  else  the  said  City  officer  shall  procure  such  addi- 
tional and  sufficient  security  and  securities  as  the 
said  City  Council  shall  approve,  and  in  default  of 
compliance  with  either  of  the  said  requisitions  within 
the  said  thirty  days  the  office  of  the  said  default- 
ing City  officer  shall  be  regarded  as  vacant. 

Provided,  That  nothing  in  this  section  contained 
shall  be  deemed,  taken,  or  construed  to  render  the 
bond  or  bonds  required  to  be  given  by  this  Ordi- 
nance  otherwise   than    joint   and   several,    and   the      Bonds    to    be 
parties  thereto  liable  thereon,  jointly  and  severally,  ^°*"*  ^""^  several, 
for  the  whole  amount  of  the  said  bond  or  bonds. 

Sec.  782.  It  shall  be  the  duty  of  the  head  of 
each  department  of  the  City,  the  Chairman  of  each 
of  the  public  Boards,  and  City  officers  in  charge 
of  special  duties,  at  the  close  of  each  calendar  year, 
to  make,  in  addition  to  the  reports  required  by  this 
Ordinance,  an  annual  report  in  writing  to  the 
Mayor,  not  later  than  the  tenth  day  of  January  of 
each  year,  of  the  transactions  or  business  of  the  pre- 
ceding year. 


Heads  of  de- 
partments  to 
make  annual  re- 
ports. 


300 


CITY    SURVEYOR    AND    ASSISTANT    CITY    SURVEYOR. 


Sept.    12,    1893. 
Election. 


Duties. 


Nov 


25,     1902. 


Duties    continued. 


City  Surveyor  and  Assistant  City  Surveyor. 

Sec.  783.  The  City  Council  shall,  on  the  second 
Tuesday  of  January,  1894,  and  forever  thereafter, 
on  the  same  day  in  every  fourth  year,  elect  a  com- 
petent, scientific  person,  skilled  in  engineering,  ar- 
chitecture and  surveying,  to  be  styled  the  City  Sur- 
veyor, and  a  competent  person,  similarly  skilled,  to 
be  styled  the  Assistant  City  Surveyor,  and  whose 
duty  it  shall  be  to  assist  the  City  Surveyor  in  the 
performance  of  his  several  duties. 

Sec.  784.  It  shall  be  the  duty  of  the  City  Sur- 
veyor to  do  all  civil  engineering  required  by  the 
City  Council  in  the  prosecution  of  all  works  of  public 
improvement  of  this  character  referred  to  him;  and 
to  do  such  other  surveying  required  by  this  Ordi- 
nance, or  as  may  be  needed,  for  public  street,  public 
lands,  and  for  the  mode  and  direction  of  both  public 
and  private  drainage,  upon  the  application  for  such 
services  by  the  Mayor,  the  Superintendent  of 
Streets,  or  the  respective  committees  of  those  de- 
partments, or  the  citizens.  And  all  public  works 
referred  to  this  department  shall  be  paid  for  upon 
the  certificate  of  the  City  Surveyor,  approved  by  the 
Mayor  and  Chairman  of  Committee  in  whose  de- 
partment such  work  may  have  been  done. 

Sec.  785.  The  City  Surveyor,  or,  under  his 
direction,  the  Assistant  City  Surveyor,  shall  furnish 
to  the  Superintendent  of  Streets,  at  his  request,  the 
plans,  levels,  elevations  and  grades  of  all  sidewalks 
and  street  paving,  and  of  all  drains,  pipes  for  gas, 
water  or  sewerage,  or  plans  of  any  other  public  work 
in  charge  of  the  street  department,  including  the 
tracks  for  railways ;  and  it  shall  be  the  duty  of  the 
City  Surveyor  to  inspect  the  work  during  its  pro- 
gress, reporting  to  the  Superintendent  of  Streets 
any  deviations  from  the  plans,  elevations  or  grades 
as  given  by  him,  or  by  the  Assistant  City  Surveyor ; 


CITY    SURVEYOR    AND   ASSISTANT    CITY    SURVEYOR. 


301 


but  should  such  deviation  be  not  promptly  corrected, 
the  City  Surveyor  shall  report  that  fact  in  writing 
to  the  Mayor.  It  shall  also  be  the  duty  of  the  City 
Surveyor,  whenever  new  streets  are  laid  out,  or  when 
any  of  the  present  streets  are  extended,  or  when  re- 
quired to  give  street  lines  at  the  intersection  of 
streets,  to  place  or  to  have  placed,  a  stone  block,  or 
a  mark  of  some  other  durable  material,  at  each  inter- 
section of  streets,  to  be  so  placed  as  not  to  project 
above  the  surface  of  the  roadway  and  on  the  true 
point  of  intersection.  That  a  record  shall  be  kept 
by  the  City  Surveyor  of  each  point  so  marked.  It 
shall  also  be  the  duty  of  the  City  Surveyor  to  have 
the  care  of  and  keep  in  repair  all  signs  now  erected 
or  which  may  hereafter  be  erected,  throughout  the 
City  of  Charleston,  designating  the  names  of  the 
various  streets. 

Sec.  786.     The  City  Surveyor  shall  be  furnished  June  12,  1871. 


bv  the  City  with  suitable  instruments,  and  an  office      Office  and   in- 

1        r  -1       1        -1  •         1        /—•         TT11  struments. 

properly  lurnished,  either  m  the  City  hlall  or  some 
other  convenient  location,  which  shall  be  kept  open 
during  the  usual  business  hours.  He  shall  keep  care-  Records, 
fully,  as  City  property,  all  maps,  plats,  profiles, 
drawings,  estimates,  books,  instruments,  and  other 
things  appertaining  to  his  office;  and  shall  also  keep 
therein,  in  convenient  forms,  copies  of  all  papers  and 
communications  made  by  him  to  any  department  or 
office  in  the  City. 

Sec.    787.     The   City    Surveyor   shall   receive   a  sept.  12,  1893. 
salary  of  eighteen  hundred  dollars  per  annum,  paya       ^'^'^    ^'  '  ^^' 


ble  monthly ;  the  Assistant  City  Surveyor  shall  re-  ^'^"^^■ 
ceive  a  salary  of  one  thousand  dollars  per  annum, 
payable  monthly,  which  salaries  shall  be  in  full  pay- 
ment of  all  salaries,  fees  and  emoluments  whatso- 
ever, and  the  said  compensation  shall  also  be  in  full 
payment  for  any  services  which  may  be  rendered 
by  them,  or  either  of  them,  in  locating  and  fixing  the 
grades  and  levels  for  gas,  water,  sewerage  or  other 


302 


CITY    SURVEYOR    AXD    ASSISTANT    CITY    SURVEYOR. 


June      13,      1871, 
§10. 

Bond. 


May    19.    1857- 

The  level  of 
the  street  to  be 
ascertained  before 
cutting  down  the 
surface  of  the 
lot. 


lb.,    §    2. 


Penalty  for  cut- 
ting down  the 
surface  of  any 
lot  before  ascer- 
taining the  level 
of   the   street. 


Aug.     15,    1844. 

N  o  building, 
&c.,  to  be  com- 
menced before  the 
line  of  street  has 
been  laid  off. 


pipes  or  for  tracks  for  railways  in  or  on  the  streets 
of  the  City,  or  for  any  other  pubhc  work. 

Sec.  788.  The  City  Surveyor  and  Assistant  City 
Surveyor,  before  acting  as  such,  shall  each,  respect- 
ively, give  bond  and  surety,  to  be  approved  by  Coun- 
cil in  the  penal  sum  of  two  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties 
of  his  office ;  and  that  he  is  not,  and  will  not,  whilst 
in  office,  be  directly  or  indirectly  concerned  or  inter- 
ested in  any  City  contract. 

Sec.  789.  It  shall  not  be  lawful  for  any  person 
to  excavate,  cut  down,  or  reduce  the  surface  or  level 
of  any  lot  or  lots,  within  the  limits  of  the  City,  be- 
fore he  shall  have  applied  to  the  City  Surveyor,  who 
in  conference  with  the  Mayor,  shall  ascertain  and  fix 
the  proper  level  of  the  street,  lane,  alley,  or  court 
upon  which  such  lot  bounds,  touches,  or  adjoins, 
and  give  a  certificate  thereof  to  the  party  applying. 

Sec.  790.  If  any  person  shall  excavate,  cut  down 
or  reduce  the  level  or  surface  of  any  lot  or  lots 
within  the  limits  of  the  City,  without  having  first 
made  application  to  the  City  Surveyor,  as  aforesaid, 
or  before  the  level  of  the  street,  lane,  alley  or  court, 
shall  have  been  ascertained  and  fixed  by  the  City 
Surveyor,  as  aforesaid,  or  below  the  proper  level  of 
the  street,  lane,  alley,  or  court,,  as  ascertained  and 
fixed  by  the  City  Surveyor,  as  aforesaid,  he  or  she 
shall  for  every  such  offence  be  subject  to  a  penalty 
not  exceeding  five  hundred  dollars,  or  imprisonment 
not  exceeding  thirty  days. 

Sec.  791.  No  owner  or  builder  of  any  house  or 
other  structure  in  the  City  shall  dig  or  lay  the  foun- 
dation thereof  in  front  of  any  street,  lane,  alley  or 
court,  or  shall  erect  any  wall  or  fence  fronting  as 
aforesaid,  before  he  shall  have  applied  to  the  City 
Surveyor  or  Assistant  City  Surveyor,  who  shall  lay 
off  and  mark  out  the  true  front  line  or  boundary 
of  such  street,  lane,  alley  or  court,  and  give  a  cer- 


CLERK  OF  COUNCIL. 


303 


Penalty  f  o  r 

commencing     build- 
ing,    &c.,     before 


tificate  thereof  to  the  owner  or  builder,  who  shall 
file  the  same  in  the  office  of  the  City  Assessor  be- 
fore any  permit  be  issued  for  its  erection. 

Sec.    792.      If  any  person   shall   commence   any 
foundation,  building,  wall,  or  fence,  upon  any  lot 

I-  ,  ....  ,  1        1  •  r  ,  the    line   of   street 

or  piece  of  ground,  adjomuig  the  hue  of  any  street,  has  been  laid  off. 
lane,  alley,  or  court,  within  the  City,  not  having 
made  application  to  the  City  Surveyor  or  Assistant 
City  Surveyor,  and  before  the  line  of  the  street  shall 
have  been  laid  off  and  marked  out  by  the  City  Sur- 
veyor or  Assistant  City  Surveyor,  in  the  manner 
above  directed,  or  contrary  to  the  line  so  laid  off 
and  marked  out,  every  such  person,  as  well  as  em- 
ployer as  master-builder,  shall,  for  every  such  of- 
fence, be  subject  to  a  fine  not  exceeding  five  hundred 
dollars,  to  be  recovered  by  action  in  any  court  having 
competent  jurisdiction;  and,  moreover,  all  buildings 
and  work  done,  or  put  up  without  such  application 
to  the  City  Surveyor  or  Assistant  City  Surveyor, 
or  contrary  to  the  line  of  the  street  which  shall  be 
laid  off  and  marked  out  by  him,  shall  be  demolished 
by  order  of  the  City  Council,  at  the  charge  and  ex- 
pense of  the  person  herein  offending  as  aforesaid. 

Clerk  of  Council. 


Sec.  793.  It  shall  be  the  duty  of  the  Clerk  of 
Council  to  keep  the  journal  of  Council,  and  to  copy 
the  same  fair,  and  make  an  index  thereto;  and  en- 
gross, for  ratification,  all  Ordinances  passed ;  and 
shall  furnish  the  several  offices  of  the  City,  and  all 
other  persons  as  he  shall  be  directed  by  the  City 
Council,  with  transcripts  of  all  such  resolves  and 
Ordinances,  or  parts  thereof,  as  may  be  necessary 
for  their  guidance  or  information ;  and  he  shall  at- 
tend all  the  meetings  of  Council ;  and  shall  receive 
and  deliver  all  petitions,  memorials,  informations, 
or  aplications  that  may  be  made. 


Oct.    30,    1787 


Duty 
Clerk. 


of      the 


304 


MAYOR'S  SECRETARY  AND  CUSTODIAN  OF  THE  CITY  HALL. 


Office  hours. 


Clerk 
pore. 


Salary. 


pro    tern- 


May    II,    1897. 

E  1  e  c  tion  of 
Clerk  of  Council 
and  bond. 


Sec.  794.  The  Clerk  of  the  City  Council  shall 
open  his  office  at  the  Council  Chamber,  every  day. 
at  9  o'clock  A.  M.,  and  personally  attend  there,  until 
3  o'clock  P.  M..  (Sundays  and  general  holidays  ex- 
cepted,) in  order  to  transact  such  business  as  shall 
or  may  appertain  to  his  office ;  he  shall  also  open  the 
Council  Chamber  for  any  member  of  the  City  Coun- 
cil, whenever  he  or  they  wish  to  resort  thereto,  and 
shall  shut  it  again,  after  they  retire. 

Sec.  795.  In  case  of  the  unavoidable  absence 
or  sickness  of  the  Clerk  the  Mayor  shall  appoint  a 
Clerk  pro  tempore,  who,  during  such  appointment, 
shall  perform  all  duties  of  the  Clerk. 

Sec.  796.  The  pay  of  the  Clerk  of  Council  shall 
be  at  the  rate  of  eighteen  hundred  dollars  per  an- 
num, payable  monthly,  and  he  shall  be  entitled  to  no 
fees  of  any  service  performed  by  him. 

Sec.  797.  That  the  Clerk  of  Council  shall  be 
elected  on  the  third  Tuesday  in  November,  1906, 
and  on  the  same  day  in  every  fourth  year  thereafter ; 
and  he  shall  give  bond  to  the  City  Council  of 
Charleston  in  the  penal  sum  of  two  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  his 
duties. 


Mayor's  Secretary  and  Custodian  of  the  City  Hall. 


Election. 


March  26,  1895. 

To  have   charge 
of    City    Hall. 


Sec.  798.  The  City  Council  shall,  on  the  second 
Tuesday  in  January,  A.  D.  1905,  and  on  the  second 
Tuesday  in  January  in  every  fourth  year  thereafter, 
elect  a  fit  and  proper  person  to  perform  the  duties 
of  Secretary  to  the  Mayor,  and  who  shall  also  be 
custodian  of  the  City  Hall. 

Sec  799.  The  Mayor's  Secretary  and  Custodian 
of  the  City  Hall  shall  take  charge  of  the  City  Hall 
and  shall  attend  in  person  daily  (Sundays  ex- 
cepted), at  the  City  Hall,  in  the  Mayor's  office, 
from  the  hours  of  9  A.  M.  to  3  P.  M.  ,and  also  be 


MAYOR'S  SF.CRETARY  AND  CUSTODIAN  OF  THE  CITY  FIALL.  -jqc 

in  readiness  at  all  other  times  promptly  to  obey  all 
instructions,  and  render  such  services  as  may  be 
required  by  the  Mayor  of  the  city.  And  it  shall, 
moreover,  be  required  of  said  officer,  to  keep  a 
serx-ant  in  attendance  at  the  City  Hall,  for  the  pur- 
pose of  keeping  the  same  always  clean  and  in  good 
order,  which  said  servant  shall  also  act  as  janitor  of  janitor. 
the  City  Hall,  and  shall  be  amenable  to  and  gov- 
erned by  such  rules  and  regulations  as  may  from 
time  to  time  be  adopted  by  the  committee  in  charge 
of  the  City  Hall  and  approved  by  City  Council. 

Sec.  800.     It  shall  be  the  duty  of  the  custodian  of  June  26,  1818.  §2. 
the  City  Hall  at  all  times  to  have  the  City  Hall  kept  Duties, 
clean ;  he  shall  cause  the  several  officers  of  the  city, 
located  in  the  City  Hall,   to  keep  their  respective 
offices  in  good  order. 

Sec.  801.     The  custodian  of  the  City  Hall  is  au-      Authorized     to 

•^  .  take    into    custody 

thorized  and  required  to  take  into  custody,  or  in-  ""y  one  injuring 

'      ,  ,      City  Hall. 

form  agamst  ,any  person  or  persons  who  shall  break 
any  of  the  doors  or  windows,  deface  the  pillars, 
wainscoating,  or  walls,  by  cutting  or  carving  there- 
upon, break  or  injure  the  steps,  staircase,  balus- 
trades, or  balusters,  or  shall  injure,  damage,  deface 
or  dirty  any  part  of  the  inside  or  outside  of  the 
City  Hall  of  Charleston,  or  the  outbuilding  or  cis- 
tern attached  thereto,  or  shall  force  open  any  of 
the  doors,  windows  or  grates,  or  climb  on  or  over 
the  Ijalustrade  or  railing,  or  shall  refuse  or  neglect 
(on  being  required  by  the  custodian),  to  go  out  of 
the  same,  when  detected  in  violating  any  part  of  this 
section ;  or  insult  or  molest  or  obstruct  the  custodian 
of  the  City  Hall  in  the  execution  of  his  duty,  and  r>enaity. 
e\'€ry  such  person  or  persons  so  offending  shall,  on 
conviction,  be  subject  to  a  fine  not  exceeding  one 
hundred  dollars,  or  be  liable  to  imprisonment  not 
exceeding  thirty  days;  the  one-half  of  the  fine  to 
the  informer  and  the  other  moiety  to  the  use  and 
benefit  of  the  city.  And  the  offender  or  offenders 
20 


306 


Feb.     12,    1896. 

Salary. 


PARK  COMMISSIONERS. 

committing  any  riot  or  quarrel  in  said  building,  or 
the  lot  or  square  attached  to  the  same,  or  which 
shall  or  may  be  attached  thereto,  shall  also  be  liable 
to  be  prosecuted  therefor  under  the  laws  of  the 
State  of  South  Carolina. 

Sec.  802.  The  Mayor's  Secretary  and  Custodian 
of  the  City  Hall  shall  receive  as  a  compensation  for 
his  services  an  annual  salary  of  twelve  hundred 
dollars,  payable  monthly. 


CHAPTER  XIX. 

PARK    COMMISSIONERS— PARKS    AND    PLEASURE 

GROUNDS. 

THE     BATTERY WHITE     POINT     GARDEN COLONIAL 

COMMON WASHINGTON    SQUARE MARION 

SQUARE WRAGG    MALL. 

Park  Commissioners. 


Ap!.  9,  189s.  §1- 
Board  established. 


Composition. 


Term  of  office. 


Vacancies,    bow 
filled. 


Duties. 


Sec.  803.  That  a  Board  of  Park  Commissioners 
for  the  City  of  Charleston  be  and  is  hereby  estab- 
lished, of  which  Board  the  Mayor  shall  be  a  mem- 
ber. 

Sec.  804.  That  the  said  Board  shall  be  composed 
of  the  Mayor,  as  aforesaid,  and  nine  citizens,  to  be 
nominated  by  the  Mayor  and  confirmed  by  City 
Council,  who  shall  serve  without  compensation  for 
the  term  of  four  years  from  the  date  of  their  con- 
firmation and  until  their  successors  shall  have  been 
nominated  and  confirmed.  All  vacancies  in  the 
said  Board  from  death,  resignation,  removal  from 
the  City,  or  other  causes,  shall  be  filled  in  like  man- 
ner as  the  original  appointments. 

Sec.  805.  That  the  said  Board  shall  take  charge 
and  have  the  entire  management,  control  and  regu- 


DATTEKV— WHITE    POINT    GARDEN. 


307 


lation  of  all  pleasure  grounds,  squares  and  parks  be- 
longing to  the  City  Council  of  Charleston,  whether 
situate  within  or  without  the  limits  of  the  said 
City,  subject,  however,  to  all  City  Ordinances  re- 
lating thereto,  and  is  hereby  vested  with  power  and 
authority  to  lay  out  such  pleasure  grounds  aiid 
parks  with  avenues,  walks  and  paths,  and  to  make 
such  other  improvements  and  embellishments  there- 
in as  they  may  deem  proper:  Provided,  however, 
That  nothing  herein  contained  shall  be  construed  to 
apply  to  Colonial  Common  and  Ashley  River  Em- 
bankment or  to  Marion  Square. 

Sec.  806.  That  no  contracts  or  engagements  for 
the  improvement,  management  or  regulation  of  the 
said  pleasure  grounds  and  parks  shall  be  made  until 
the  City  Council  shall  have  so  directed,  or  shall 
have  made  an  appropriation  for  park  purposes,  and 
the  said  board  shall  make  an  annual  report  to  the 
City  Council  of  all  moneys  which  shall  have  been 
received  and  disbursed. 

Sec.  807.  That  the  said  board  are  hereby 
especially  authorized,  empowered  and  directed  to 
take  charge  of  and  control  of  all  lands  situated 
within  or  without  the  city  limits  which  have  been 
or  may  be  purchased  by  the  City  Council  for  park 
purposes,  upon  the  acceptance  of  titles  Iw  the  proper 
authorities ;  and  may  construct  roadways  and  ap- 
proaches to  said  lands  out  of  any  moneys  which 
may  be  appropriated  for  the  uses  of  the  said  board. 


Proviso. 


Contracts, 
made. 


how 


To  take  charge 
of  the  property. 


Battery — White  Point   Garden. 


Sec.  808.  No  fishing  or  other  boat  or  boats  shall 
be  allowed  to  make  fast,  or  moor  with  their  fasts,  to 
that  part  of  East  Bay  Street,  called  the  Battery, 
and  no  fisherman  or  any  person  or  persons  whomso- 
ever shall  be  permitted  to  land  from  their  boat  or 
boats  on  the  Battery,  or  to  embark  from  it  on  a  fish- 


May  22,  1827,  §1. 

b'ishiriR  boats 
not  to  be  niailc 
fast     to     Battery. 


308 


BATTERY— WHITE   POINT    GARDEN. 


Fishing  nets 
not  to  be  hung 
upon  railing  of 
Battery. 


July  30,  1838,  §8. 

Indecent  and 
disorderly  c  o  n- 
duct   punished. 


Not  lawful  to 
secure  any  vessel 
t  o  railings  a  t 
White  Point  Gar- 
den. 


Dec.   13,  1838,  §1. 

ITorses  or  mules 
not  to  he  allowed 
in  White  Point 
Garden. 


ing  or  any  other  expedition,  or  to  load  their  boat  or 
boats  from  the  Battery  with  fishing  utensils,  or  any 
other  articles ;  and  no  fish  or  any  articles  of  sale 
shall  be  exposed  or  offered  for  sale  at  any  time  on 
the  Battery ;  and  no  fishing  net  or  nets,  seine  or 
seines,  shall  at  any  time  be  hung  upon  the  railing 
of  the  Battery,  or  any  other  part  of  it,  , under  a 
penalty  of  ten  dollars. 

Sec.  809.  Any  violation  of  the  rules  and  regula- 
tions of  the  Board  of  Park  Commissioners,  and  all 
indecent  and  disorderly  conduct,  cursing  and  swear- 
ing, clamorous  noises,  drunkenness,  quarreling, 
fighting  or  profanity,  committed  within  any  of  the 
parks,  or  on  any  lands  designated  for  park  purposes, 
or  on  either  of  the  Batteries,  shall  be  punished  in  the 
same  manner  as  the  same  offences  are  now  di- 
rected by  law  to  be  punished  when  committed  in 
any  other  portion  of  the  city. 

Sec.  810.  It  shall  not  be  lawful  for  any  person 
or  persons  to  secure  or  moor  with  their  fasts  an^ 
vessel,  boat  or  raft,  to  any  part  of  the  railing  at 
White  Point,  constructed  by  the  City  Council,  lead- 
ing from  that  part  of  East  Bay  called  the  Battery  to 
South  Bay  street,  or  to  land  thereon  from  any  boat, 
vessel  or  raft,  any  boards,  lumber,  or  other  ma- 
terial;  and  if  any  person  or  persons  shall  violate  or 
transgress  any  of  the  provisions  contained  in  this 
section,  such  person  or  persons  shall  be  subject  to  a 
fine  of  fifty  dollars,  to  be  recovered  in  any  court  of 
competent  jurisdiction,  one-half  of  which  penalty 
shall  go  to  the  informer,  or  imprisonment  not  ex- 
ceeding ten  days. 

Sec.  811.  No  person  or  persons  shall  ride,  lead, 
or  drive  any  horse  or  horses,  mule  or  mules,  with- 
in the  enclosure  of  the  White  Point  Garden,  under 
a  penalty  of  five  dollars  for  every  such  oft'ence,  to  be 
recovered  in  any  court  of  competent  jurisdiction, 
the  amount  of  the  fine  to  be  given  to  the  informer, 


COLONIAL  COMMON. 


309 


and  the  owner  or  owners  of  any  liorse  or  horses, 
mule  or  mules,  found  within  the  enclosure  of  the 
said  garden,  shall  be  liable  to  the  above  penalty. 

Sec.  8 1 2.     No  person  or  ])ersons  shall  lead  or         ib.,  § 


drive  any  cow  or  cows,  hog  or  hogs,  within  the  en-      Not  to  lead  or 

1  (-iTun-T^'/^i  1  Jiive        cows        or 

closure  oi  the  White  roint  (jarden,  under  a  penalty  hogs  within  Gar- 

of  five  dollars  fine  or  ten  days  in  jail  for  every  such 

offence,  to  be  recovered  in  any  court  of  competent 

jurisdiction,  the  amount  of  the  fine  to  be  given  to 

the  informer ;  and  the  owner  or  owners  of  any  cow 

or  cows,  hog  or  hogs,  found  whhi  the  enclosure  of 

the  said  garden  shall  be  liable  to  the  above  penalty. 

Sec.  813.     It  shall  not  be  lawful  for  any  persons,   -March  _-,  1881. 


companv   or   companies   organization   or   organiza-      Not  to  be  used 

.  .       ,  „  ,       ^  for       celebrations, 

tions,  to  use  that  portion  of  the  South  Battery  &:c. 
known  as  White  Point  Garden,  for  public  proceed- 
ings, celebrations  or  festivities  of  any  kind  whatso- 
ever, and  if  any  person  or  persons  shall  violate  any 
of  the  provisions  contained  in  this  section,  such  per- 
son or  persons  shall  be  subject  to  a  fine  not  exceed- 
ing fifty  dollars  or  be  imprisoned  for  a  term  not  ex- 
ceeding thirty  days. 

Sec.  814.     It  shall  not  be  lawful  for  anv  person      N"t   lawfui   to 

.  '    ,  smoke      on      the 

or  persons  to  carry  or  smoke  any  lighted  cigar  or  Rattery. 
pipe,  or  cigarette,  on  East  Battery  or  White  Point 
Garden,  between  the  hours  of  fi^e  and  eight  P.  M. 
from  the  first  day  of  May  to  the  first  day  of  Oc- 
tober, and  between  the  hours  of  four  and  seven 
P.  M.  from  the  first  day  of  October  to  the  first  day 
of  May.  Any  person  violating  the  provisions  of  r.;iaity. 
this  section  shall  pay  a  penalty  of  five  dollars,  or  be 
imprisoned  for  ten  days. 

Colonial  Coininon. 

Sec.  815.    That,  Whereas,  by  an  Act  of  the  Gov-  Aug.  9,  issi. 
ernor  and  Council  and  the  Commons,  House  of  As-  Preamble. 
sembly  of  the  then  Royal  Province  of  South  Caro- 


310  COLONIAL  COMMON. 

lina,  entitled  "An  Act  to  appoint  and  authorize 
Commissioners  to  cut  a  Canal  from  the  upper  end 
of  Broad  Street  into  Ashley  River,  and  to  reserve 
the  vacant  marsh  on  each  side  of  said  Canal,  (now 
Broad  Street,)  for  the  use  of  a  Common  for 
Charles  Town,  and  for  other  purposes,"  it  was  en- 
acted by  the  fifth  section  thereof:  "That  all  the  va- 
cant marsh  land  lying  on  each  side  of  said  Canal, 
(now.  Broad  Street,)  hereby  directed  to  be  made  on 
the  East  side  of  Ashley  River,  within  the  limits  of 
Charles  Town,  shall  forever  hereafter  be  reserved 
and  kept  for  the  use  of  a  Common  for  Charles 
Town ;  and  any  grant  that  may  be  made  or  obtained 
for  the  same  or  any  part  thereof,  is  hereby  declared 
to  be  absolutely  null  and  void;" 

And,  whereas,  the  Court  of  Common  Pleas  for 
Charleston  County  did,  with  the  consent  of  City 
Council,  on  the  fifth  day  of  July,  1881,  make  and 
enter  of  record  a  decree,  which  is  in  words  follow- 
ing: 

The  State  of  South  Carolina,   )  In  the  Coiii- 
Charleston  County.  )     mon  Picas. 

Thomas  O'Brien,  George  Buist,  E.  L.  Kerrison,  A. 
H.  Hayden,  A.  B.  Mulligan,  R.  H.  McDowell, 
Jr.,  Ed.  T.  McDowell,  J.  H.  Lopez,  H.  H.  De- 
Leon,  J.  H.  Colburn,  J.  H.  Schulte  and  James  B. 
Campbell,  Plaintififs,  against  The  City  Council 
of  Charleston  and  Patrick  P.  Toale,  Defendants. 

Decree. 

On  hearing  the  pleadings  and  arguments  of  coun- 
sel in  this  cause  it  is,  therefore,  adjudged  nad  de- 
creed as  follows : 

I.  That  all  the  remaining  marsh  lands  dedicated 
by  the  Colonial  Government  in  1768  as  a  Common, 
which  have  not  been  already  sold  by  the  City  Coun- 


COLONIAL  COMMON. 

oil  of  Charleston,  shall  forever  hereafter  be  and 
be  held,  used  and  kept  as  and  for  a  Common  for 
the  use  of  the  people  of  Charleston. 

2.  That  the  City  Council  of  Charleston  shall  pro- 
vide for  the  appointment  of  a  Board  of  Commis- 
sioners, who  shall  have  the  care  and  administra- 
tion of  said  Common  and  of  all  funds  to  be  ex- 
pended upon  its  improvement. 

3.  That  the  account  prayed  for  from  the  City 
Council  of  Charleston  shall  extend  only  to  the  rents 
received  for  the  premises,  and  shall  go  no  further 
back  than  the  date  of  the  lease  by  the  City  Council 
to  P.  P.  Toale,  referred  to  in  the  pleadings,  that  is 
to  say,  the  twenty-second  day  of  April,  1875 ;  said 
rents  and  all  further  rents  henceforth  to  be  applied 
to  the  improvement  and  beautifying  of  said  Com- 
mon and  the  paths  and  the  walks  around  it,  and 
also  to  the  extension  of  Lynch  or  Rutledge  Street, 
or  both,  to  Tradd  Street;  and  also  to  the  re-pur- 
chase, if  that  be  possible,  of  the  space  between 
Rutledge  Street  extended  and  Broad  and  Tradd 
Streets,  in  the  hope  that  at  some  future  day  Lynch 
Street  may  be  extended  to  the  West  end  of  South 
Bay,  and  thus  an  agreeable  drive  or  boulevard  opened 
from  the  Battery  through  the  whole  length  of  the 
West  side  of  the  City  to  its  most  Northern  limits. 

4.  That  any  of  the  parties  to  this  cause  have 
leave  to  apply  at  any  time  hereafter  for  any  further 
order  at  the  foot  of  this  decree. 

That  nothing  herein  contained  shall  be  so  con- 
strued as  to  interfere  with  or  afifect  in  anywise  the 
rights  of  any  of  the  lessees  of  any  of  the  lands 
which  are  the  subject  of  this  suit. 

J.  B.  KERSHAW, 
July  5,  1 88 1.  Presiding  Judge. 

I  consent  under  a  resolution  of  the  City  Council. 

G.  D.  BRYAN, 

Aftoniey. 


311 


312 


WASITTNGTON    SOUARK— MARION    SQUARE. 


lb.,  §  I.  Sec.  8 1 6.     That,  in  pursuance  of  the  above  re- 

Appointment  of   cited  decrec,  a  Board  of  Commissioners  to  be  known 

^"^'"'^-  as  Commissioners  of  "The  Colonial  Common  and 

Ashley  River  Embankment"  is  hereby  constituted, 

to  consist  of  the  Mayor,  ex-ofUcio,  and  ten  citizens 

to  be  appointed  by  nomination  of  the  Mayor  and 

confirmed  by  City  Council.     All  vacancies  therein 

shall  be  filled  in  like  manner, 

Tb,.  §  2.  Sec.  817.     It  shall  be  the  duty  of  said  Board  to 

Duly  of  Board.     Carry  into  effect  the  above  recited  decree,  and  to 

have  the  care  and  administration  of  said  Colonial 

Common  and  Ashley  River  Embankment,  and  of  all 

funds  to  be  expended  upon  its  improvement. 

^'^■'  ^  3-  Sec.  818.     Said  Board  shall  organize  by  appoint- 

Organization  of    jnor  quc  of  its  membcrs  as  Chairman  and  another  as 

Board.  ^ 

Secretary,  and  shall  keep  in  writing  regular  minutes 
of  their  proceedings,  and  shall  report  annually,  or 
oftener,  if  required  by  City  Council,  their  acts  and 
doings,  and  shall  have  power  to  make  all  proper 
by-laws  necessary  or  convenient  for  conducting 
their  business  and  advancing  the  purposes  of  their 
creation. 

Washington  Square. 

Oct.  25,  1 881.  Sec  819.     That  from  and  after  the  tenth  of  Oc- 

Washington    tobcr,    1 88 1,    the    Centennial   of   the    surrender   at 

"  ''""'^'^"  Yorktown,  the  public  square  in  the  City  of  Charles- 

ton bounded  by  Broad,  Meeting  and  Chalmers 
Streets,  shall  be  known  as  "Washington  Square." 

Marion  Square. 

Oct.  24,  1882.  Sec.   820.      That  the  grounds   bounded   on   the 

Sfinare  named.  North  by  the  buildiugs  of  the  South  Carolina  Mili- 
tary Academy,  East  on  Meeting  Street,  South  on 
Calhoun  Street,  and  West  on  the  Central  Police 
Station  and  King  Street,  now  held  in  trust  by  the 
City  Council  of  Charleston  and  the  Board  of  Field 


VVRAGG   MALL. 


313 


Officers  of  the  Fourth  Brigade  South  CaroHna  Vol- 
unteer troops  for  the  use  of  the  said  Fourth  Brigade 
as  a  parade  ground,  and  for  the  citizens  of  Charles- 
ton as  a  public  mall  shall  be  hereafter  known  as 
Marion  Square. 

Sec.  821.  That  the  management  and  control  of  ]?oaid  created, 
said  Square  be  and  is  hereby  vested  in  a  Board  of 
Seven  Commissioners,  three  of  whom  shall  be 
elected  by  the  City  Council  of  Charleston,  three  by 
the  Board  of  Field  Officers  of  the  Fourth  Brigade 
South  Carolina  Volunteer  Troops,  and  the  Superin- 
tendent of  the  South  Carolina  Military  Academy 
shall  be  cx-officio  a  member  of  said  Board. 

Sec.  822.  That  the  said  Board  shall  have  power  Powers  of  Boarri. 
to  make  all  such  rules  and  regulations  as  may  be 
necessary  for  their  own  government,  and  for  the 
use,  improvement  and  preservation  of  the  said 
Square :  Provided,  liozvevcr.  That  such  rules  and 
regulations  shall  be  approved  by  the  City  Council 
of  Charleston  and  the  said  Board  of  Field  Officers. 

Sec.  823.     That    the    Board    hereby    appointed  Duties, 
shall  have  the  management  and  expenditure  of  all 
moneys  which  may  be  appropriated  for  the  improve- 
ment and  preservation  of  the  said  Square,  and  shall 
annually,  or  oftener  if  required  by  the  City  Coun-  f 

cil  of  Charleston,  report  their  actings  and  doings  to 
the  said  City  Council  and  Board  of  Field  Officers, 
with  a  statement  of  all  moneys  received  and  ex- 
pended by  them. 


Wragg  Mall. 


Sec.  824.  Whereas,  certain  public  grounds  in  Preamble. 
the  Northeastern  section  of  the  City  known  as 
Wraggboro'  are  not  as  well  described  and  desig- 
nated as  should  be,  and  as  these  pleasure  grounds 
have  been  given  for  the  comfort  and  convenience 
of  the  people  of  Charleston  by  the  late  Mr.  Samuel 
21 


314 


NAMES     Ol'     CERTAIN     STREETS     CHANCED. 


Wragg,    and    should    be    forever   preserved    in    his 
name  for  the  use  of  the  people  of  this  City. 
Mall   defined.  That  the  pleasure  grounds  in  Ward  7,  bounded 

.by  Meeting  Street  on  the  west.  Wragg  Street  on 
the  north,  Elizabeth  Street  on  the  east,  and  Ann 
Street  on  the  south,  shall  be  known  as  "Wragg 
Mall.'" 


April    23,     1901. 

Name  of  Friend 
Street  changed  to 
Legare    Street. 


Dec.    30,    1901 

W  a  y  s .  a  n  d 
Means  to  renum- 
ber houses  in 
Citv. 


Feb. 


14,     1902 


To  change 
names  of  certain 
Streets. 


NAMES  OF  STREETS  CHANGED. 

Sec.  825.  That  the  name  of  Friend  Street  he 
changed  to  Leg"are  Street,  and  the  houses  and  lots 
thereon  renumbered  as  a  continuation  of  the  said 
Legare  Street. 

Sec.  826.  That  the  Committee  on  ^Vays  and 
Means  be.  and  they  are  hereby  authorized  and  em- 
powered to  renumber  the  houses  of  the  City  of 
Charleston  on  the  centigrade  plan,  diverging  from  a 
common  centre,  namely :  The  corner  of  King  and 
Calhoun  Streets,  and  that  hereafter  all  streets  below 
Calhoun  Street  running  north  and  south,  shall  have 
the  word  "south"  affixed  to  their  present  name,  and 
all  streets  north  of  Calhoun  Street  running  north  and 
south,  shall  have  the  word  "north"  affixed  to  their 
present  name,  and  all  streets  east  of  King  Street 
running  east  and  west,  shall  have  the  word  "east" 
affixed  to  their  present  names,  and  all  streets  west 
of  King  Street  running  east  and  west,  shall  have  the 
word  "west"  affixed  to  their  present  names. 

Sec.  827.  That  the  following  changes  in  the 
names  of  the  streets  in  the  City  of  Charleston  be,  and 
they  are  hereby  made : 


Colleo^e  Street  chanoed  to  Glebe  Street 


i'^"' 


Middle  Street  changed  to  Alexander  Street. 


DISPENSARY. 

Laurel  Street  changed  to  Ashe  Street. 
Sires  Street  changed  to  St.  Phihp  Street. 
Mount    Street    and    Jackson    Street    changed    to 
Sumter  Street. 

Romney  Court  changed  to  Romney  Street. 
Hope  Place  changed  to  Race  Street. 
First  Street  changed  to  Williman  Street. 
Second  Street  changed  to  Isabella  Street. 


315 


DISPENSARY. 
Sec.  828.      It  shall  not  he  lawful  for  any  person     Sept.  10,  1901. 


or  persons,  firm,  association  or  corporation  to  manu-  Unlawful  to  sen 
facture,  sell,  dispense,  barter  or  exchange,  receipt  or  "'""'  "  . ' 
accept,  for  unlawful  use,  resale,  delivery  or  storing 
and  keeping  in  possession,  within  the  corporate  limi'ts 
of  the  City  of  Charleston,  any  spirituous,  malt, 
vinous,  fermented,  brewed  ( whether  lager  or  rice 
beer)  or  other  liquors,  by  whatever  name  known, 
containing  alcohol,  and  which  are  used  as  a  beverage, 
save  and  except  in  strict  accordance  with  all  the  pro- 
visions, limitations  and  restrictions  of  the  Acts  of  the 
General  Assembl}'  of  South  Carolina,  known  as  the 
Dispensary  Law. 

Sec.  829.  That  any  and  all  violations  of  any  of  I'enaity. 
the  provisions  of  Section  829  shall  be  cognizable 
by  and  punishable  in  the  Recorder's  Court  of  the 
said  City,  and  any  such  violation  shall,  upon  convic- 
tion, be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars,  or  more  than  one  hundred  dollars,  or  by 
imprisonment  for  not  more  than  thirty  days  for  each 
and  e\erv  ofTence. 


316 


MISCKLLANEOUS. 


CHAPTER  XX. 


MisccUaucoi 


IS. 


Nov.    II,    1902. 

Commercial  Club 
of  Charleston  to 
construct  veran- 
das in  front  of 
their  House  in 
Meeting    Street. 


Title      of      this 
Ordinance. 


May    8,    1900. 

Where     fine     is 
only  penalty 

named.  Court 

may  fix  imprison- 
ment as  alterna- 
tive to  such   fine. 


General     repeal- 
ing  clause. 


Sec.  830.  That  the  Commercial  Ckil)  of  Charles- 
ton be  and  the  same  is  hereby  authorized  and  per- 
mitted to  place  and  construct  verandas  in  the  front 
of  their  proposed  club  house  on  the  west  side  of 
Meeting-  Street,  now  known  as  Nos.  93,  95.  97  and 
99,  and  for  such  purposes  to  extend  the  same  over 
the  sidewalk  in  fleeting  street  in  front  of  said  pro- 
posed club  house. 

Provided,  That  said  verandas  shall  be  constructed 
in  such  manner  and  according  to  such  plans  as  may 
be  appro\-ed  by  the  cit}-  sur\-eyor  and  the  Mayor,  so 
as  not  to  interfere  with  the  public  use  of  the  said 
sidewalk. 

Sec.  831.  This  Ordinance  shall  be  designated 
and  known  as  the  Revised  Ordinances  of  the  City  of 
Charleston. 

» 

Sec.  832.  \Miene\'er  in  any  section  of  these  gen- 
eral ordinances  the  only  i^enalty  is  a  fine  not  exceed- 
ing one  hundred  dollars,  it  shall  and  may  be  lawful 
for  the  court  or  justice  trxi'.^g  the  case  to  impose,  as 
the  alternative  of  such  fine,  imprisonment  in  jail 
for  a  period  not  exceeding  thirty  days,  with  or  with- 
out hard  labor,  in  the  discretion  of  the  court. 

Sec.  833.  All  Ordinances  and  parts  of  Ordi- 
nances the  provisions  whereof  are  re-ordained  in 
this  Ordinance,  or  which  are  inconsistent  with  or 
repugnant  to  this  Ordinance,  are  hereby  repealed. 


MISCELLANEOUS. 


317 


Ratified  in  City  Ct)uncil  this  eighth  day  of  Decem- 
l)er.  in  the  year  of  our  Lord  one  thousand  nine 
hundred  and  three,  and  in  the  one  hunch'ed  and 
twenty-eighth  year  of  the  American  Independence. 

J.  ADGER  SMYTH. 

Mayor. 

W.  W.  Simons. 

Clerk  of  Council. 


FRANCHISE    OF    CITY    RAILWAY.  2)19 


APPENDIX. 


FRANCHISE  granting  right  of  way  for 
Charleston  City  Railway  Company  to  lay 
its  tracks  through  certain  streets  in  the 
City  of  Charleston, — adopted  by  City  Coun- 
cil ON  March  23,  1897. 

Alderman  Gadsden  presented  the  following  report 
of  the  joint  committee  on  streets  and  railroads : 

Charleston,  S.  C,  March  2T,,  1897. 
To  the  Honorable  Mayor  and  Aldermen  of  the 
City  of  Charleston :  The  joint  committee  on  streets 
and  railroads,  to  whom  was  referred  the  petition  of 
the  Charleston  City  Railway  Company,  of  Charles- 
ton. S.  C,  respectfully  report  that  they  recom- 
mend that  the  petitioner  be  granted  a  right  of  way 
for  its  railway  through  the  several  streets  herein- 
after enumerated,  subject  to  the  following  terms  and 
conditions,  that  is  to  say : 

1.  The  Charleston  City  Railway  Company  is 
hereby  granted  the  right  and  authority  and,  if  it 
accepts  the  same,  is  hereby  required  to  operate  its 
said  road  by  electrical  power. 

2.  That    the    said    Charleston    City    Railway     Right  of  way 

/  .  -^      throuah  certain 

Company  l)e  and  is  hereby  granted  the  right  of  way  streets. 
and  required  to  operate  its  lines  through  the  follow- 
ing streets,  to  wit :  On  King,  from  Battery  to  Line 
street;  on  Line,  from  King  to  Meeting;  on  Meeting- 
street,  from  the  Battery  to  city  boundary;  on 
Church,  from  Battery  to  Broad ;  on  East  Bay,  from 
Broad  to  Calhoun;  on  Calhoun,  from  East  Bay  to 
Alexander;  on  Alexander,  from  Calhoun  to 
Chapel;  on  Chapel,  from  Alexander  to  Drake;  on 


320 


FKANCHISK    OF    CITY    RAILWAY. 


Drake,  from  Chapel  to  Columbus:  on  Columbus, 
from  Drake  to  Meeting,  through  the  Mall;  on 
Broad,  from  East  Bay  to  Rutledge  avenue ;  on  Rut- 
ledge  Avenue  from  Broad  to  Spring;  on  Spring, 
from  Rutledge  avenue  to  King  street;  on  Calhoun 
street,  from  Rutledge  avenue  to  Meeting  street ;  on 
Charlotte,  from  Meeting  to  Alexander;  on  Chapel, 
from  Drake  to  Bay;  on  Bay,  from  Chapel  to  At- 
lantic Coast    Line    tracks;     on     Wentworth,    from 


Meeting:    to 


Rutledge 


avenue ;    from     East     Bay 


Franchise  grant 
ed  also  to  nddition 
al  streets. 


through  Cumberland  street  to  Central  wharf;  from 
East  Bay,  through  Queen,  to  Clyde  Steamship 
wharf:  Provided,  that  the  said  company  shall  con- 
tinue to  operate  all  the  lines  now  in  operation  on 
the  aforesaid  streets  by  horse  power  until  electrical 
power  be  substituted  therefor,  and  that  such  substi- 
tution shall  take  place  within  one  year  from  the  date 
hereof. 

And  the  said  company  is  hereby  granted  the  right 
and  franchise  to  construct  its  railway  on  the  follow- 
ing additional  streets,  that  is  to  Scty,  on  Poinsett 
street,  from  King  to  Meeting ;  on  King  street,  from 
Line  to  the  city  boundary ;  on  Coming,  from  Shep- 
ard  to  Wentworth ;  on  Market,  from  King  to  the 
Mount  Pleasant  and  Sullivan's  Island  Ferry  Com- 
pany wharf,  using  South  Market  street  east  of 
Meeting;  on  Cannon  street,  from  Rutledge  avenue 
through  Chinquapin  and  Spring,  to  the  New 
Bridge :  Provided,  how-ever,  that  the  grant  and 
franchise  in  these  streets  mentioned  in  this  second 
clause  of  this  paragraph  is  upon  the  condition  that 
To  be  operated  ti^g  g^j,^!  compauy  shall  construct  and  operate  its 
said  electric  railway  therein  within  one  year  from 
the  date  of  this  grant ;  where,  however,  any  of  said 
streets  are  now  operated  l)y  horse  power  the  Char- 
leston City  Railway  Company  shall  be,  and  is  here- 
by, allowed  one  year  from  the  date  of  this  grant  to 
decide  wdiether  diey  will  put  electric  tracks  through 
said  streets  in  place  of  the  horse  power  tracks  now 


by  electricity. 


FRANCTiisK  oi'  (  iT^'   l^\^.\^■.\^^  -y^-, 

therein,  and  dnring  such  time  is  allowed  and  requir- 
ed to  operate  the  same  hy  horse  power ;  anfl  it  is  ex- 
pressly provided  that  a  failure  to  equip  and  operate 
its  said  electric  railway  in  any  of  said  streets  within 
the  one  }'ear  aforesaid  shall  forfeit  the  grant  and 
franchise  herein  given  for  the  use  of  the  particular 
street  or  streets  in  which  said  company  has  failed 
within  the  year  to  put  in  its  electrical  equipment. 

And  in  such  forfeited  streets  the  said  company 
shall  immediately  tear  up  and  move  its  railway 
tracks  and  restore  the  streets  to  their  usual  and 
proper  condition. 

And  it  is  further  provided  that  if  the  said  Char-      Right  to   aban- 

,      ^  /--•.       T->     -1  r^  1      11      1  1  1  don  certain  routes. 

leston  Lity  Railway  Company  shall  elect  to  abandon 
the  road  u])on  any  of  the  routes  heretofore  granted 
to  the  Charleston  City  Railway  Company,  to  the 
Enterprise  Railroad  Company,  or  to  the  Charleston 
Street  Railway  Company,  wdiich  are  not  granted  in 
this  paragraph  to  the  Charleston  City  Raihvay  Com- 
pany, it  is  hereby  authorized  and  empowered  so  to 
do,  and  the  Charleston  City  Railway  Company  is 
hereby  authorized  to  abandon  all  portions  of  the 
routes  upon  which  the  said  Charleston  City  Rail- 
way Company,  or  the  Enterprise  Railroad  Company 
or  the  Charleston  Street  Railway  Company  now^ 
operate  or  have  the  right  to  operate  a  street  railroad, 
except  upon  the  streets  and  routes  covered  by  this 
section,  and  the  said  Charleston  City  Railway  Com- 
pany is  hereby  recpiired  to  take  up  and  remove  all 
tracks  wnthin  such  abandoned  streets  and  restore 
the  same  to  their  usual  and  natural  conditions  with- 
in one  year  fn^m  the  date  of  this  grant. 

T..     There  shall  be  onlv  one  track  on  Line  street    .  Trackage reguia- 

•^'  -  tions  in  c  e  r  t  a  1 II 

from  Meeting  to  King  street,  on  Church  street  from  streets. 
Battery  to  Atlantic  street,  on  King  street  from  Bat- 
tery to  Calhoun  street,  on  East  Bay  from  Cordes  to 
Cumberland  street,  and  from  East  Bay  to  Clyde 
Steamship  wharf  and  the  Central  wharf,  on  South 
Market  street  from  King  to  the  Mount  Pleasant  and 


^22  FRANCMLSK    OF    CITY    RAILWAY. 

Sullivan's  Island  Ferry  Company.  In  all  other 
streets  the  Charleston  City  Railway  Company  shall 
have  the  right  to  lay  double  tracks  :  Provided,  how- 
ever, that  on  the  streets  where  single  tracks  are  to  be 
laid  the  Charleston  City  Railway  Company,  nnder 
the  supervision  and  direction  of  the  committee  on 
streets,  shall  have  the  right  to  put  in  all  proper  and 
necessary  turnouts  and  switches :  And,  provided, 
further,  that  the  location  of  all  tracks  in  the  streets 
are  to  be  under  the  supervision  and  subject  to  the 
approval  of  the  committee  on  streets. 
Right  of  way        4.      Subjcct   to   the   couditiou   hereinafter   stated 

granted  from   boil-     ...  1        1  •     1  r  ... 

ndary  to  chicora  ui  tliis  paragraph  tlic  right  01  way  or  permission  is 
granted  to  the  said  company  from  the  city  boundary 
through  such  streets  or  rights  of  way  as  may  here- 
after be  rec|uired  by  the  City  Council  of  Charleston 
to  Chicora  Park,  on  Cooper  River :  Provided,  how- 
ever, that  the  said  Charleston  City  Railway  Com- 
pany, on  the  completion  by  the  city  of  the  said  road- 
way to  said  park,  shall  extend  their  electric  railroad 
to  said  park,  and  operate  the  same  under  such  regu- 
lations as  City  Council  or  the  park  commissioners 
may,  from  time  to  time,  ordain  or  adopt,  (except  as 
to  fare  beyond  the  city  boundary)  and  if  said  electric 
railway  be  not  extended  and  in  operation  to  said 
park  within  six  months  after  the  completion  of  said 
proposed  roarlway  to  said  park,  then  the  right  of  way 
and  grant  to  said  roadway  shall  revert  to  the  park 
commissioners  of  the  City  of  Charleston ;  and  pro- 
vided further,  that  the  said  Charleston  City  Rail- 
way Company  may  proceed  with  the  construction 
of  their  said  electric  railway  over  said  roadway  to 
said  park  as  said  roadway  may  be  in  the  progress  of 
construction,  subject,  however,  in  all  cases,  to  the 
supervision  and  direction  of  the  city  surveyor  and  of 
the  park  commissioners. 
Expense  of   re-        5-     ^^^^^   ^^^^   expcuse   of   moviug   auy    existing 

by'comp°any.*'°''"''   track.  Supplying  and  placing  filling  required  and  re- 
paving  in  any  street  shall  be  borne  by  the  Charleston 


FRANCIirSl-:    OF    CTTV    RAILWAY. 


323 


City  Railway  Company,  and  the  new  location  of 
the  same  shall  be  hrst  submitted  to  and  approved 
In-  the  city  authorities,  as  hereinbefore  provided. 

6.  The  tracks  shall  be  of  standard  guage,  four     ouageofr  acks. 
feet  eight  and  one-half  inches  (  4  feet,  8^  inches.) 

7.  The  rail  'to  be  used  shall  be  of  the  variety      Raii  to  he  used 
known   as  grooved   or  semi-grooved   patent  girder 

rail  in  all  paved  streets,  and  T  rail  not  exceeding 
four  and  one-half  (4/4)  inches  in  height  in  unpaved 
streets:  Provided,  Iwivcver,  that  grooved  or  semi- 
groo\ed  patent  girder  rail  shall  be  substituted  from 
time  to  time  hereafter  when  such  streets  are  paved. 
All  rail  shall  be  of  suitable  section,  not  less  than 
sixty  (60)  pounds  to  the  yard,  and  laid  upon  cross- 
ties  to  give  a  good,  substantial  road-bed  ;the  tracks 
to  be  maintained  in  good  and  substantial  manner,  so 
as  to  abate  as  far  as  possible,  any  hindrance  to  public 
travel ;  at  all  intersections  of  streets  crossings  shall 
be  maintained   of   suitable  material   subject  to  the     crossings  to  be 

.  11       1  approved    by     Su- 

api)roval  01  superuitenclent  oi  streets  ;  the  roadbed  at  perintendeut     nt 

streets. 

all  times  to  correspond  to  the  actual  grade  of  the 
streets  and  to  be  so  laid  and  maintained  that  car- 
riages and  other  vehicles  can  easily  and  freely  cross 
said  track  at  any  and  all  points  :  Provided,  that  when 
the  streets  are  not  graded  or  paved  the  tracks  shall 
])e  so  laid  as  to  conform  to  the  surface  of  the  streets ; 
but  when  such  streets  are  hereafter,  from  time  to 
time,  paved  or  improved  the  tracks  shall  conform  to 
the  improved  or  adopted  grade. 

8.  The  Charleston  Citv  Railway  Company  shall      Railway  compa- 

^         -  iiy    to     save     city 

at  all  times  indemnify  and  save  harmless  the  City  harmless  from  any 
Council  of  Charleston  all  suits,  actions,  claims,  de- 
mands, damages  brought  or  recovered  by  any  per- 
son or  persons,  company,  firm,  corporation  or  cor- 
porations, or  any  liability  for  or  by  reason  of  the 
grant  of  the  right  of  way  and  franchise  hereby 
granted  or  by  reason  of  the  use,  occupation  or  oper- 
ation of  the  said  railroad  through  said  streets. 

9.  The  City  Council  of  Charleston,  under  the  ex- 


suits,  etc. 


324 


FKANCH1S1-:    OF    clIV 


A  II, WAV. 


City  Council  lo 
regulate  the  opera- 
tion of  railroad 
company  if  it  so 
elects. 


The  city  not  lia- 
ble for  breakage  of 
pipes,  etc. 


Railroad  compa- 
ny to  keep  space 
between  tracks 
and  three  feet  on 
each  side  in  repair. 


ercise  oi  its  police  powers.  reser\'es  to  itself  the  right 
from  time  to  time  to  regulate  the  operation  of  the 
said  railroad  through  its  streets  as  the  good  order 
of  the  city  and  the  safety  and  comfort  of  its  citizens 
demand ;  to  control  the  imprcn-ements  and  repair  of 
the  streets,  each  and  every  one  of  them,  and  every 
part  thereof,  ovev  which  said  railroad  track  or  tracks 
pass,  to  the  same  extent  as  if  this  grant  and  fran- 
chise to  use  the  same  had  not  been  given — and  p-en- 
erally  from  time  to  time,  to  make  such  additional 
rules  and  regulations  for  the  management  and  oper- 
ation of  the  said  railroad  in  the  streets  aforesaid  as 
it  may  deem  proper,  including  herein  the  right  to 
require  changes  of  location  of  the  said  tracks  in  said 
streets,  as  future  exigencies  in  the  opinion  of  the 
City  Council  may  rec|uire. 

10.  The  City  Council  of  Charleston  shall  not  be 
liable  to  the  said  Charleston  City  Railway  Company, 
its  successors  or  assigns  for  any  damages  occasioned 
by  the  breaking  of  any  gas.  sewer  pipes  or  drains, 
or  for  any  delays  caused  by  the  construction  of  water 
or  gas  mains  or  sewer  pipes  or  drains,  or  the  neces- 
sary repairs  of  any  street,  or  by  any  other 
public  work.  Where  the  work  is  being  done 
by  private  parties  or  by  a  contractor  for  public 
works,  the  said  Charleston  City  Railway  Company 
is  authorized  to  require  that  the  contractor  making 
such  repairs  or  doing  such  work  shall  complete  it 
with  all  possible  dispatch,  so  as  not  to  interfere  with 
the  operation  of  said  road  any  more  than  is  abso- 
lutely necessary,  and  that  said  contractor  shall  give 
p-ood  and  sufficient  bond  to  said  Charleston  Citv 
Railway  Company  to  replace  said  tracks  and  pave- 
ments in  as  good  condition  as  the  adjoining  roadlied 
is  maintained  by  the  city  authorities. 

11.  The  Charleston  City  Railway  Company  shall 
at  all  times  keep  the  space  between  the  tracks  and  for 
three  feet  outside  in  good  repair,  so  as  to  conform  to 
the  condition  of  the  balance  of  the  streets  upon  which 


FKAXCIIISK.    Ol'     CITN'     RAI  I.\V.\^^ 


325 


the  road  runs ;  and  in  case  any  streets  now  unpaved 
shall  hereafter  be  paved,  the  said  company  shall  bear 
the  expense  of  the  paving  between  their  tracks,  and 
three  feet  on  either  side  thereof — and,  generally,  ex- 
cept where  otherwise  provided  for  in  this  grant,  shall 
observe  and  obey  the  regulations,  enactments  and 
provisions  contained  in  the  General  Ordinances  of 
the  City  of  Charleston,  with  reference  to  street  rail- 
roads, and  the  ordinances  to  be  hereafter  ordained, 
amending  the  same. 

12.  The  Charleston  City  Railway  Company,  its      Kate  of  Fare, 
associates  and  assigns,  (except  when  cars  are  char- 
tered for  a  special  purpose,)  shall  in  no  case  charge 

or  collect  from  any  passenger  more  than  five  cents 
for  one  continuous  ride,  with  ordinary  hand  bag- 
gage, between  any  two  points  within  the  city  limits, 
said  continuous  ride  to  include  transfers  at  junc- 
tional points  :Providcd,  the  passenger  so  transferred 
shall  take  the  first  car  leaving  after  his  or  her  arrival  Transfers, 
in  the  direction  in  which  he  or  she  wishes  to  go. 
This  section  is  not  to  be  construed  a  round  trip, 
but  is  simply  a  single  trip  from  one  point  to  another 
by  the  shortest  and  most  direct  route :  Provided,  that 
in  no  case  shall  said  petitioner,  its  associates  and 
assigns  charge  or  collect  from  any  child  under  the 
age  (jf  lo  and  over  the  age  of  2  years  more  than  three 
cents  a  trip,  and  shall  carry  children  under  2  years 
of  age,  when  accompanied  by  adults  and  not  occupy- 
ing seats,  free  of  charge. 

13.  The  cars  upon  said  railway  shall  be  run  upon 
the  following  conditions,  to  wat : 

(A)  As  to  hours  as  provided  in  Section  712  of 

the  General  Ordinances.  Kate  of  speed. 

(B)  Cars  may  be  run  at  a  speed  not  exceeding- 
fifteen  (15)  miles  an  hour  south  of  Line  street,  ex- 
cept on  King  street,  on  which  street,  south  of  Line 
street,   the  maximum   speed   shall   be   six   miles   an 


326 


FKANCHIS1-:   OF   ClIV    RAILWAY. 


Railroad 
ings 


Motive  Power. 


hour,  and  all  cars  shall  be  provided  with  fenders  ap- 
proved by  the  committee  on  streets. 

(C)  While  cars  are  turning  corners  from  one 
street  to  another,  they  shall  not  run  faster  than  four 
mdes  an  hour. 

(D)  Cars  travelling-  in  the  same  direction  shall 
not  approach  nearer  each  other  than  one  hundred 
feet,  except  in  case  of  unavoidable  accident  or 
necessity,  or  when  cars  are  near  stations. 

(E)  All  cars  shall  be  brought  to  a  stop  before 
crossing  the  line  of  any  steam  railroad  track  and  be- 
fore crossing  any  steam  railroad  track  the  conductor 
shall  go  forward  to  a  point  which  will  enable  him  to 
see  both  ways  upon  said  steam  railroad  track  and  if 
no  train  be  approaching  shall  signal  his  car  to  cross. 
And  there  shall  be  placed  on  each  side  of  all  of  said 
crossings  and  within  twenty  feet  (20  feet)  thereof 
a  sign  board  with  the  word  "Stop"  painted  in  plain 
letters  thereon,  subject  to  the  direction  of  the  super- 
intendent of  streets. 

14.  Animal  or  other  motive  power  except  steam 
may  be  used  jointly  with  electrical  power  in  the  oper- 
ation of  said  railroad  only  during  such  time  or  times 
as  the  operation  thereof  by  electricity  shall  be  inter- 
rupted or  suspended  by  reason  of  accident  to  the 
electrical  equipment,  and  in  case  of  any  accident  to 
said  electrical  equipment,  the  said  company  shall  im- 
mediately repair  the  same  and  again  operate  its  road 
by  electricity:  Provided,  however,  that  the  said  com- 
pany upon  the  streets  mentioned  in  the  second  clause 
of  paragraph  tw(T  of  this  grant,  in  which  there  is 
now  a  horse  car  line  shall  have  the  right  for  the  op- 
tional period  of  one  year  therein  given,  or  until  it 
shall  determine  within  said  period  whether  it  is  de- 
sirable to  electrify  or  whether  they  will  abandon  the 
said  street  or  streets,  to  continue  to  operate  the 
present  existing  horse  car  line  by  horse  power. 

15.  The  Charleston  City  Railway  Company  shall 
hold  said  citv  harmless  on  account  of  any  litigation 


FRANCHISK    Ol'    C■n'^■    l<AII.\\".\>' 


327 


or  of  any  claim  or  demand  whatever  which  may  be 
made  or  may  accrue  to  any  person,  firm,  compan}-, 
corporation  or  property,  by  reason  of  the  construc- 
tion or  the  operation  of  said  road  or  any  part  thereof, 
and  it  is  further  provided  that  the  provisions  of  Sec- 
tion 711  of  the  Revised  OrcUnances  with  reference 
to  the  duty  of  street  raih'oad  companies  to  build  and 
keep  in  repair  all  bridges,  turnouts,  drains  and  other 
works  which  the  track  or  tracks  cross,  shall  be  and 
are  hereby  intended  to  include  the  preservation  and 
repair  of  the  sewerage  system  now  in  operation,  and 
as  the  same  may  hereafter  be  extended,  so  far  as  the 
same  may  be  injured  or  affected  by  the  construction 
or  operation  of  said  road. 

16.  The  rails  on  the  tracks  of  the  Charleston  City 
Railway  Company  shall  be  so  bonded  in  the  latest 
and  most  impro\-ed  manner  as  to  conduct  the  return 
current  without  affecting  the  water  pipes  or  gas 
mains,  by  electrolysis  or  otherwise,  subject  to  the 
approval  of  the  city  electrician  and  the  committee  on 
streets. 

17.  This  grant  or  franchise  by  the  City  Council 
of  Charleston  to  the  Charleston  City  Railway  Com- 
panv  is  in  every  respect  subject  to  the  Constitution 
and  laws  of  the  State  of  South  Carolina,  and  is  to  be 
so  understood  and  accepted  b}'  the  said  company; 
that  is  to  say,  the  foregoing  grant  and  franchise  is 
only  in  so  far  as  the  City  Council  has  the  right  and 
may  lawfully  grant  the  same,  and  the  said  Charleston 
City  Railway  Company  shall  indemnify  and  save 
harmless  the  said  City  Council  from  all  suits, 
actions,  claims,  damages  or  litigations  with  reference 
to  the  rights  herein  granted  or  any  part  thereof. 

18.  This  grant  and  franchise  and  every  part  and 
portion  thereof  is  subject  to  all  ordinances,  rules 
and  regulations  of  the  City  Council  of  Charleston, 
now  existing  or  which  may  hereafter  be  adopted, 
governing  the  building,  conduct,  management,  rates 


city  to  be  held 
harmless  for  litiga- 
lion. 


Bonding  of  rails 


Grant  subject  to 
Constitution  of  the 
State,  etc. 


Grant  subject  to 
rules  and  ordinan- 
ces of  Citv  Council. 


328 


in  streets. 


FKANCHISK    OF    CITY     RAILWAY. 

of  fare  and  running  of  street  railways,  and  is  also 
subject  to  the  right  of  the  City  Council  to  modify 
or  change  the  said  ordinances,  rules  and  regulations 
herein  provided  or  contained  in  the  General  Ordi- 
nances of  the  City  Council. 
Poles  and  posts        1 9-     That  the  posts  and  poles  used  in  such  con- 
struction shall  be  of  wood,  selected  and  rounded  in 
shape,  except  on  King  street,   from  Calhoun  street 
to  South  Battery,  where  they  shall  be  of  iron  or  steel, 
and  of  such  shape,  style  and  dimensions  as  shall  be 
approved  by  the  city  electrician,  and  shall  at  all  times 
be  kept  neatly  painted.     All  wooden  poles  shall  be  at 
least  twenty-six  feet  in  length  and  not  less  than  elev- 
en inches  at  the  base  and  seven  inches  at  the  top,  free 
from  sap,  rot  and  knots,  and  should  be  set  six  feet 
in  the  ground  and  rake  twelve  inches  from  the  per- 
pendicular:    Proi'idcd,  lidc^'Cc'cr,  that  these  require- 
ments shall  be  subject  to  modification  when  desired 
by  the  said  company  and  allowed  by  the  city  elec- 
trician and  committee  on  streets.     When  it  is  practi- 
cable the  poles  may  bear  against  the  curbing  or  pav- 
ing, a  substantial  bearing  placed  at  the  heel  of  the 
pole   to   prevent   same    from   pressing  through   the 
earth.     The  placing  and  securing  of  the  poles  shall 
be  under  the  super\'ision  and  with  the  approval  of 
the  city  electrician.    Unless  otherwise  allowed  by  the 
city  electrician  and  the  committee  on  streets,  wood 
poles  for  curA'e  construction  shall  be  twenty-seven 
feet  in  length  and  similar  to  those  for  straight  line 
construction,  the  dimensions  of  such  poles  to  be  not 
less  than  fourteen  inches  at  the  butt  and  nine  inches 
at  the  top,  set  seven  feet  in  the  ground  and  raking 
twelve  inches  from  the  perpendicular.     In  no  event 
shall  the  poles  be  placed  at  greater  distance  than 
one  every  hundred  and  twenty-five  feet,  trolley  and 
feed  wires  to  be  strung  thereon  shall  not  be  less  than 
eighteen   feet  above  the  surface  of  the  street,  ex- 
cept at  the  crossing  of  steam  railroad  tracks,  wdiere 
the  trolley  and  feed  wires  should  not  be  less  than 


FKAXelllSK    OF    (\T\     KAII.WAV.  329 

twenty-t\v(^  feet  above  the  said  railroad  tracks,  and 
in  no  case  to  interfere  with  fire  alarm,  telephone, 
police  alarm,  or  any  other  wires ;  span  wires  should 
be  5-16  inches  in  diameter,  composed  of  seven 
strands  of  No.  12  Galvanized  wire;  guard  wires 
must  be  used  wherever  the  trolley  wires  run  under 
telegraph,  telephone,  fire  alarm,  police  alarm 
or  any  other  wire.  Whenever  guard  wires  are 
recjuired  a  space  of  about  two  feet  additional  shall 
be  left  on  the  top  of  the  pole,  above  where  the 
trolley  span  wires  are  attached,  for  the  attach- 
ment of  the  guard  wires.  Guard  wires  should  be 
insulated  from  all  poles. 

Wherever  no  specific  regulation  is  required  in 
this  grant  and  franchise  the  determination  thereof 
shall  be  left  to  the  discretion  of  the  committee  on 
streets  and  the  city  electrician. 

20.  The  grant  and   franchise  herein  given  and      '^^"'^  °^  ^""*- 
granted  to  the  Charleston  City   Railway  Company 

shall  be  for  the  term  of  fifty  years  from  the  granting 
of  the  same. 

21.  All  franchises,  grants  and  licenses  hereto- 
fore granted  to  the  Charletson  City  Railway  Com- 
panv,  the  Enterprise  Railroad  Company  and  the 
Charleston  Street  Railway  Company,  except  as 
herein  expressly  granted,  are  hereby  revoked. 

C.  S.  Gadsden, 

Zimmerman  Davis, 

Geo.  W.  Williams, 

Jos.  F.  Kracke, 

E.  \\a  Percival, 

J.  Adger  Smyth,  Mayor, 

Committee  on  Streets. 
W.  F.  Strong, 
Samuel  Lapham, 
R.  G.  Rhett, 

Committee  on  Railroads. 
The  report  of  the  Joint  Committee  was  unani- 
mously adopted. 
'  22 


330 


C'lrV     CHAR'IKR. 


BTATUTEB 

RELATING  TO  THE  CITY  OF  CHARLESTON. 


Ratified 
Aug.    13,    1783- 


Preamble. 


City  of  Charles- 
ton declared  to  be 
a  body  politic  and 
corporate. 


Citv  Charter. 


AN  ACT  TO  Incorporate  Charleston. 

Whereas,  from  the  extent  and  population  of 
Charleston,  its  growing  importance,  both  with  re- 
spect to  increase  of  inhabitants  and  an  extensive  com- 
merce with  foreign  nations,  it  is  indispensably  neces- 
sary that  many  regulations  should  be  made  for  the 
preservation  and  peace  and  good  order  within  the 
same ;  and,  ivJiercas,  from  the  many  weighty  and 
important  matters  that  occupy  the  attention  of  the 
Legislature  at  their  general  meeting,  it  has  hitherto 
been  found  impracticable,  and  probably  may  here- 
after become  more  so,  for  them  to  devise,  consider, 
deliberate  on  and  determine  all  such  laws  and  regu- 
lations as  emergencies,  or  the  best  local  circumstances 
of  the  said  Town,  may  from  time  to  time  require : 

Therefore,  be  it  enacted  by  the  Honorable  the 
Senate  and  House  of  Representatives,  and  by  the 
authority  of  tJic  same,  That  from  and  immediately 
after  the  passing  of  this  Act.  all  persons,  citizens 
of  the  United  States,  and  residing  one  year  within 
the  said  Town,  or  having  had  a  freehold  one  year 
within  the  same,  shall  be  deemed,  and  they  are 
hereby  declared  to  be  a  Body  Politic  and  Corporate. 
and  the  said  Town  shall  hereafter  be  called  and 
known  bv  the  name  of  the  City  of  Charleston.* 


*  The  remaining  part  of  this  Section  relates  to  the  division 
of  the  City  into  thirteen  Wards  which  division  has  been  since 
changed.     The  second  and  third  Sections  are  obsolete. 


CITN'     (,  IIAKTKK. 


331 


Sec.  4.  That  the  said  Intendant'  shall  and  may,  intendam  and 
as  often  as  occasion  shall  require,  summon  the  War-  known"^  as"  the 
dens  to  meet  together  in  City  Council,  any  nine  of  cim,ie^ton""'  °* 
whom  to  be  a  quorum,*  who,  with  the  Intendant, 
shall  be  known  by  the  name  of,  and  they  are  hereby 
declared  to  be.  The  City  Council  of  Charleston  ; 
and  they  and  their  successors,  hereafter  to  be  ap- 
])(Mnted,  shall  ha\e  a  common  seal,  and  shall  be  ca-  p,,wers. 
pable  in  law  to  purchase,  have,  hold,  receive,  enjoy, 
possess  and  retain,  to  them  and  their  successors,  for 
the  use  of  the  City  of  Charleston,  in  perpetuity  or 
for  any  term  of  years,  any  estate  or  estates,  real  or 
personal,  messuages,  lands,  tenements,  or  heredita- 
ments, of  what  kind  or  nature  soever,  within  the 
limits  of  the  said  City,  and  the  Parish  of  St.  Philip, 
and  to  sell,  alien,  exchange,  or  lease  the  same,  or  any 
part  thereof,  as  they  shall  think  proper  ;and  by  the 
same  name  to  sue  and  be  sued,  implead  and  be  im- 
pleaded, answer  and  be  answered  unto,  in  any  Court 
of  Law  or  Equity  in  this  State;  and  they  shall  also 
be  vested  with  full  power  and  authority,  from  time  ^ia'ke''""By-Laws 
to  time,  under  their  common  seal,  to  make  and  estab-  an,i  ordinances, 
lish  such  by-laws,  rules  and  Ordinances,  respecting 
the  harbor,  streets,  lanes,  public  buildings,  work- 
houses, markets,  wharves,  public  houses,  carriages, 
wagons,  carts,  drays,  pumps,  buckets,  fire-engines, 
the  care  of  the  poor,  the  regulation  of  seamen  or  dis- 
orderly people,  negroes,  and  in  general  every  other 
by-law  or  regulation  that  shall  appear  to  them  re- 
quisite and  necessary  for  the  security,  welfare  and 
convenience  of  the  said  City,  or  for  preserving-  peace, 
order  and  good  government  within  the  same ;  and 
thev  shall  also  be  vested  with  all  the  powers  and      vested  with  the 

^  powers     of     Com- 

authorities  which  bv   law  are  ^■ested   in  the  Com-  missioners       of 

' Streets,    etc. 

^  Title  changed  to  that  of  Mayor  by  Act  of  21st  December, 
1836.  The  same  Act  changes  the  title  of  Warden  to  that  of 
Alderman. 

*  As  to  what  now  constitutes  a  quorum,  see  Act  of  23rd 
December,   1879. 


332  '-''''''^'     tllARTKR. 

niisioners  of  the  Streets,  Cominissioners  of  the 
Markets,  of  the  Work-Honse,  Fire-Masters,  and 
Commissioners  of  the  Pilotage,'  and  thev  may  take 
such  effectual  measures  for  carrying  into  execution 
all  laws  now  in  force  respecting  the  said  City  and 
harbor,  as  to  them  shall  appear  exjiedient  and  neces- 
sary; and  the  said  City  Council  shall  also  be  vested 

Assessments.  "^vith  full  powcr  and  authority  to  make  such  assess- 

ments on  the  inhabitants  of  Charleston,  or  those  who 
hold  taxable  property  within  the  same,  for  the  safety, 
convenience,  benefit  and  acKantage  of  the  said  City, 
as  shall  appear  to  them  expedient :  and  to  affix  and 

Fines.  levy  fiucs  for  all  offences  committed  against  the  by- 

laws of  the  said  City;  and  to  reco\'er  all  such  penal- 
ties as  may  be  incurred,  under  any  law  or  laws  now 
existing  respecting  the  said  City ;  and  they  are 
hereby  also  authorized  to  appoint  a  Recorder,  Treas- 
urer, Clerk,  Coroner.  Harbor-Master.  Fire-Masters, 
Constables,  and  all  such  other  officers  (affixing  their 
salaries  and  fees  of  such  officers,  respectively.)  as 
shall  appear  to  them  requisite  and  necessary  for 
carrying  into  effectual  execution  all  by-laws,  rules 
and  Ordinances  they  make  for  the  good  order  and 
government  of  the  said  City,  and  the  persons  resid- 
ing within  the  same :  Provided,  always.  That 
nothing  herein   contained   shall   authorize   the   City 

Tonnage  duty.  Couucil  to  lay  a  (luty  of  more  than  three-pence  per 
ton  on  any  shipping  in  the  harbor;*    nor  shall  they 

t  If  any  occasion  should  arise  for  reference  to  the  Acts  of 
the  General  Assembly  containing  the  powers  originally  vested 
in  the  Commissioners  above  named,  these  Acts  will  be  found 
in  the  Supplement  to  Eckhard's  "Digest  of  the  Ordinances  of 
the  City  Council  of  Charleston."  commencing  at  page  391. 
See  also  the  following  cases,  in  which  the  Act  of  1764,  relative 
to  the  Commissioners  of  Streets,  has  been  discussed :  City 
Council  vs.  Ingraham,  MS.  Rep.  Cruikshanks.  et  al..  vs  City 
.Council,  I  McCord,  360.  Yeadon,  et  al.,  vs.  City  Council, 
MS.  Rep.  These  cases  can  also  be  found  reported  in  Eck- 
hard's Digest,  at  the  end  of  the  volume. 

*  The  above  provision  is  contrary  to  the  Constitution  of  the 
United  States  (Art.  I,  Sec.  10.)  which  is  easily  accounted  for 
from  the  fact  that  the  Act  to  incorporate  Charleston  was 
passed  several  years  prior  to  the  adoption  of  the  Constitution 
of  the  United  States. 


V     CTIARTl". 


333 


make  am-  ])\-la\\  s  repugnant  to  the  laws  of  the  land, 
or  inconsistent  with  treaties  made  with  foreign 
nations:  Ami  j^rovidcd,  also.  That  all  the  by-laws, 
rules  and  Ordinances  they  may  make,  shall  at  all 
times  l)e  subject  to  the  rex'isal.  alteration  or  repeal  of  . 
the  Legislature. 

Sec.  5.  That  the  fee-simple  of  the  following  The  fee  simple 
public  lan.ds  and  buildings  within  the  said  City,  viz  :  vested"^  ^in  city 
The  lands  appropriated  for  the  Exchange,  the  Beef  """'^' ' 
Market,  the  Lower  Market,  the  Fish  Market,  the 
Market  at  the  Western  end  of  Broad  Street,  wdth  the 
buildings  respectively  thereon,  and  the  lands  and 
appurtenances  belonging  thereto  ;  the  marsh  land  ap- 
l^ropriated  by  law  for  a  Common  ;  the  lands  bounded 
by  Queen  Street,  Magazine  Street,  Back  Street,  and 
Mazyck  Street,  ( except  two  hundred  feet  square 
at  the  Northwest  corner  thereof,  reserved  for  a 
gaol;)  such  part  of  the  Negro  Burial  Ground  as  is 
pulilic  property :  the  lands  on  wdiich  the  Horn  AVork 
at  the  North  part  of  the  City  is  situate,  and  the 
public  lands  near  the  same,  purchased  of  the  Wragg 
and  Manigault  families:  anv  vacant  low  water  lots 
fronting  any  of  the  streets,  shall  be  vested  in  the 
said  Cit\-  Council  and  their  successors,  for  the  use 
and  advantage  of  the  said  City,  to  be  leased,  sold, 
improved  on,  or  otherwdse  disposed  of,  as  to  the  said 
City  Council  shall  appear  most  conducive  to  the 
welfare  and  advantage  of  the  said  City,  and  the 
inhabitants  thereof.     And  all  fines  and  forfeitures,      i-ines  and  for- 

.,.,.,  .   ,     .-^.  .  feitures. 

for  offences  committed  withm  the  said  City,  against 
any  of  the  l)y-laws  of  the  same,  shall  be  sued  for  by 
the  Recorder,  and  lodged  with  the  Treasurer  of  the 
said  City,  to  be  at  the  disposal  of  the  City  Council, 
for  the  use  and  advantage  of  the  said  City. 

Sec.  6.    That  in  case  of  tumults  or  riot,  or  appear-   Riots, 
ance  or  ]>robability  of  tumult  or  riot,   in  the  said 
Citv,  the  Litendant  shall  immediately  summons  to- 
gether the  Citv  Council,  and  order  the  Constables 

0 


334 


CITY     CHARTER. 


and  other  City  officers  to  attend  the  City  Council, 
and  such  measures  shall  thereupon  be  taken  as  shall 
appear  most  advisable  for  preventing  or  suppressing " 
such  riot  or  tumult:  and  if  any  City  officer  shall 
neglect  or  refuse  to  obey  the  order  for  attendance 
from  the  Intendant,  he  shall  forfeit  a  sum  not  ex- 
ceeding ten  pounds  sterling  for  e\ery  such  offence : 
and  any  other  inhabitant  refusing  to  obey  the  orders 
of  the  Intendant,  for  the  purposes  of  suppressing 
'anv  riot  or  tumult,  he  shall  forfeit  a  sum  not  ex- 
ceeding  five  pounds  sterling  for  e\'ery  such  refusal. 
Power  and  au-        Sec.    7.     That  the   Said   Wardens   shall   each   of 

dens?^  °  ^^  them  have  full  power  and  authority,  and  they  are 
hereby  required  to  keep  peace  and  good  order  in  the 
respective  Wards,  to  issue  warrants  and  cause  all 
offenders  against  the  law  to  be  brought  before  them, 
and  on  examination  either  to  release,  admit  to  bail. 
if  the  offence  be  bailable,  or  commit  to  the  custody 
of  the  Sheriff  of  Charleston  District,  who  is  hereby 
required  and  commanded  to  receive  the  same,  and 
the  same  to  keep  in  safe  custody  until  discharged  by 
due  course  of  law ;  and  the  said  Wardens,  or  an}' 
three  of  them,  shall,  in  rotation,  meet  twice  a  week, 
or  oftener  if  occasion  require,  in  the  City  Hall,  over 
the  Exchans^e,  to  hear  and  determine  all  small  and 
mean  causes,  agreeably  to  the  directions  of  the  Act 
of  the  General  Assembly,  and  all  other  matters  of 
complaint  arising  within  the  said  City  ;*  and  each 
and  every  of  the  said  Wardens  for  the  time  being 
shall  be  vested  with  all  the  powers  and  authorities 
that  Justices  of  the  Peace  are  vested  with  by  the 
laws  of  this  State,  and  shall  and  may  exercise  the 
same  in  every  part  of  the  said  City,  for  the  preserva- 
tion of  peace  and  good  order  thereof. 
Kifction   of        Sec.  8.     That  on  the  first  Monday  in  September, 

Wardens.  ^^^^  thousaud  scvcu  huudrcd  and  eighty-four,  and  on 

the  first  Monday  in   September,  every  year  there- 

*The  Court  of  Wardens  was  abolished  by  an  Act  of  the 
General  Assembly,  in  the  year  1798.     7  St..  288. 


CITY     CHARTER.  -? -j  r 

after,  there  shall  he  an  election  of  Wardens  for  each 
Ward.'  and  the  Intendant  for  the  time  heing  shall 
gi\e  at  least  ten  da}-s  notice  of  such  election,  appoint 
a  place  for  holding  it  in  each  Ward,  and  proper 
persons  for  managing  and  conducting  the  same ; 
and  the  persons  so  chosen  may  take  the  oath  of 
f|ualification,  allegiance,  and  office,  before  the  In- 
tendant for  the  time  being,  after  which  they  shall  be 
fully  qualified  to  act  as  Wardens,  or  sit  as  members 
of  the  City  Council ;  but  after  a  new  election  of 
Wardens,  none  of  the  former  Wardens  shall  sit  as 
members  of  the  City  Council,  unless  they  have  been 
re-elected. 

Sec.  9.  That  on  the  second  Monday  in  Sep-  Election  of 
tember.  one  thousand  seven  hundred  and  eighty- 
four,  and  on  ever}-  Monday  in  September  thereafter, 
an  Intendant  shall  be  chosen  from  among  the  W'^ar- 
dens.*  by  the  inhabitants  of  all  the  Wards,  at  the 
City  Hall,  over  the  Exchange,  or  at  such  other  place 
as  the  Intendant  for  the  time  being  shall  think 
proper."'  who  shall  give  ten  days'  notice  of  such  elec- 
tion, and  appoint  proper  persons  for  conducting  the 
same ;  and  the  persons  so  chosen  shall  take  the  oath 
of  qualification  in  the  presence  of  the  W^ardens,  until 
which,  the  former  Intendant  shall  continue  to  act: 
but  no  person  shall  be  eligible  to  serve  as  Intendant 
for  more  than  three  years  in  any  tenp  of  five  years.* 

Sec.    10.     That  in  case  of  the  death  of  the  In- 

■^  In  accordance  with  the  Act  of  December  18,  1817,  Section 
5,  the  Aldermen  (then  Wardens)  are  now  elected  upon  a 
general  ticket.  The  time  of  election  has  been  changed  to  the 
second  Tuesday  in  December,  in  every  fourth  year,  in  refer- 
ence to  which  see  Acts  of  June  8,  1877,  December  23,  1878. 
and  December  21,  1882. 

*  The  Mayor  is  now  chosen  from  among  the  corporators. 
See  Act  of  December  17,  1808,  Section  i. 

'  Amended  by  the  Act  of  December  i8th.  1817,  Section  6, 
which  provides  that  the  election  for  Mayor  (then  Intendant) 
shall  be  held  at  the  same  time  and  places  at  which  the  election 
for  Aldermen  is  held. 

J  This  last  clause- is  repealed  by  the  Act  of  21st  December, 
1836,  Section  3. 


TO/-  CITY     CHARTER. 

Vacancy  in  of-    teiiclant.    his    resignation,    removal    from    office,    or 

how  °fiiied'^"'^^"*'    ^'^sence  from  the  State,  the  Wardens  shall  thereupon 

appoint  a  time  for  choosing-  another,  and  gi\-e  ten 

days'  public  notice  of  the  same  ;^  and  in  case  of  a 

Vacancy  in   vacaucy  iu  auv  one  of  the  Wards,  by  death  or  other- 

wardens,     how    ^^.jg^^  ^|^g   Inteudaut  shall   issue  a  summons  to  the 

Ward  for  filling  up  such  vacancy,  giving  five  days' 

notice  of  the  same.      And  if  any  person,  on  being 

elected  Intendant,  shall  refuse  to  act.  he  shall  forfeit 

and  pay  to  the  Treasurer  of  the  City,  for  the  use  of 

the  same,  the  sum  of  thirty  pounds  sterling.     And 

Penalty  for  re-    if  anv  pcrsou,  ou  bciug  clccted  W^arden,  shall  refuse 

fusal     to     act     as  '11111  ^  it^  r     ^         r-^- 

Intendant        or    to  act,  hc  Shall  also  pav  to  the  i  reasurer  of  the  Litv 

Warden.  ,  .  '  ,  , .  .        ' 

the  sum  of  twenty  pounds  sterlmg :  i  roi'idcd. 
That  no  person  who  has  attained  the  age  of  fifty 
years,  shall  be  compelled  to  serve  in  either  of  the 
said  offices,  nor  shall  any  other  person  be  obliged  to 
serve  more  than  one  year  in  any  term  of  seven 
years.  And  in  case  the  Intendant  or  any  of  the 
Wardens,  whilst  in  office,  shall  be  guilty  of  any 
Penalty    for  wilful  ncglcct.  malpracticcs  or  abuses,  on  informa- 

nialfeasance         in        .  .      *^   ^  1        <--  .-   /—  1 

office  of  the  In-    tiou  beuig  filed  of  the  same,  at  the  Court  of  deneral 
dens.  Sessions,  and  conviction  thereof,  he  shall  forfeit  and 

pav  a  sum  not  exceeding  two  hundred  pounds  ster- 
ling for  e\erv  such  willful  neglect,  malpractice  or 
abuse,  the  money  to  be  recovered  by  the  Recorder, 
and  lodged  witji  the  Citv  Treasurer,  for  the  use  and 
benefit  of  the  said  City. 

Sec.  II.  That  if  any  person  shall  be  sued  for 
anything  done  by  virtue  of  this  Act,  he  may  plead 
the  general  issue,  and  give  this  Act  and  the  special 
matter  in  evidence. 


§  Repealed   and   superseded   by    Act   of   Deceml)er    17,    1808, 
Section  X 


CITY     CHARTER. 


2>2,7 


AN    ACT    TO    Enable    the    City  Col'ncil  oe        Approved 
Charleston  to  Hold  Lands  Acquired  and     Qgc-  is.  1894- 
TO  BE  Acquired  for  Municipal  Purposes.         ^'  ^*^*'  '°^^' 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  ^ity  Coundi 
sentatives  of  the  State  of  South  Carolina,  &c..  That  q"^^e  "'klidr  fo^ 
tlie  Citv   Council  of  Charleston  be.  and  hereby  is,  municipal       pur- 

poses     within      12 

vested  with  power  to  have,  hold  and  possess  in  fee  l"''«s  °^  t^e  city 

1  _   '  Hall. 

simple,  throng^h  purchase  or  otherwise,  such  lands 
already  acquired,  or  hereafter  to  be  accjuired,  as  it 
shall  deem  proper,  to  be  used  as  hospital  or  quaran- 
tine sites,  or  as  parks  for  other  municipal  pur- 
poses :  Provided,  That  such  lands  shall  be  situated 
within  a  radius  of  tweh'e  miles  from  the  site  of  the 
Citv  Hall  in  the  Citv  of  Charleston. 


AN  ACT  TO  Explain  and  Amend  an  Act  enti-  Ratified 

tled  "An  Act  to  Incorporate  Charleston,"  March  26,  1874- 
AND  TO   Enlarge  the   Powers  of  the   City 
Council. 

Whereas,  doubts  have  arisen  respecting  an  Act  Preamble, 
entitled  "An  Act  to  Incorporate  Charleston,"  so  far 
as  regulates  the  power  of  the  Council  of  Wardens  to 
commit   for  penalties  and   forfeitures,   incurred   by 
virtue  of  the  by-laws  of  the  said  corporation. 

Section  i.     Be  it  therefore  enacted  b\  the  Hon-      court  of  vvar- 

,_  jrr  r   T-t  '       •  J     dens       authorized 

orable  flie  ^>enate  and  House  of  Kepresentatrc'es.  and  to  commit,  etc. 
bx  tlie  autlioritv  of  the  same.  That  the  said  Court  of 
Wardens  ought,  and  they  are  hereby  fully  authorized 
and  empowered,  from  time  to  time,  to  commit  to 
close  prison  all  such  person  and  persons  who  shall 
incur  anv  penalties  and  forfeitures  intended  to  be 
inflicted  by  any  of  the  by-laws  of  the  said  corpora- 
tion, passed  conformable  to  the  powers  vested  in 
them  by  the  said  Act  of  Incorporation. 


338 


May        regulate 
assize   of   bread. 


CITY     CHARTER. 

Sec.  3.  And  be  it  further  enacted  by  the  author- 
ity aforesaid.  That  the  Cit}'  Council  of  Charleston 
be,  and  they  are  hereby  vested,  with  full  power  and 
authority  to  regulate,  from  time  to  time,  the  price 
and  assize  of  bread. 

Sec.  7.  And  be  it  further  eiuicted  by  the  author- 
ity aforesaid.  That  the  Court  of  Wardens  shall  and 
ma}'  have,  hold  and  exercise  the  same  powers  and 
authorities  therein  respectively,  touching  all  matters 
within  the  limits  of  their  jurisdiction,  and  which  do 
not  exceed  in  value  twenty  pounds,  except  when  the 
titles  of  lands  may  come  in  question,  as  the  Judges 
of  the  Court  of  Common  Pleas  or  Admiralty  have, 
hold  or  do  exercise  in  their  several  jurisdictions; 
and  that  the  said  Court  of  Wardens  shall  be  a  Court 
of  Record,  and  all  persons  necessarily  going  to. 
attending  on.  or  returning  from  the  same,  shall  be 
free  from  arrests  in  anv  civil  action.* 


Ratified 
Oct.    12,    1785. 


AN  ACT  TO  Explain  and  Amend  the  "Act  for 
Incorporating  the  City  of  Charleston, 
and  Enlarging  the  Powers  of  the  City 
Council,"  and  to  Prevent  a  Clashing  of 
Jurisdiction  within  the  same. 


Preamble. 


Whereas.  Many  Acts  of  the  Legislature  respect- 
ing the  internal  government  and  police  of  Charleston 
before  it  was  incorporated,  remain  unrepealed,  and 
Ordinances  for  the  same  ]nu-poses  ha^'e  been  framed 
by  the  City  Council,  by  which  means  a  clashing  of 
jurisdicti(^n  may  arise  between  the  State  Magis- 
trates and  the  City  officers,  as  there  be  no  doubt 
whether  both  have  not  an  e(jual  power  to  act  under 

*  A.  A.  February  19,  1791,  /th  Stats,  at  Large,  p.  107. 
further  defines  the  jurisdiction  of  the  Court  of  Wardens.  As 
this  Court  was  abolished  by  A.  A.  December  21,  1798,  7  Stats, 
at  Large,  p.  288,  it  is  unnecessary  to  further  refer  to  the  Court 
of  Wardens. 


CITY     CHARTER. 


339 


each.      In  order  to  obviate  aii}-   dit^ciilties  on  such 
occasions : 

Section  i.      Be  if  enacted.  That  from  and  imme-  Acts  repealed, 
(hately  after  the  passing  of  this  Act.  all  such  Acts  of 
the    Legislature    shall    be    and     they    are    liereby 
repealed. 


AX    ACT    TO    ALTER   AND   AMEND    "Ax    ACT    TO    In-  Ratified 

,^  .,  Dec.    17,    i8o8. 

CORPORATE    Charleston,      and    for    other   


PURPOSES   therein    MENTIONED. 

Sec.  4.     That  no  person  shall  be  eligible  to  the  ,  Qualification  of 

_  J  ^  ...  Intendant  and 

office  of  Intendant  unless  he  be  a  citizen  of  the  wardens. 
United  States,  of  the  age  of  twenty-five  years,  and 
shall  have  resided  within  the  said  City  three  years 
previous  to  his  election  [and  be  at  the  time  of  his 
election  a  resident  therein,  and  unless  he  be  seized 
and  possessed,  in  his  own  right,  of  a  freehold  estate, 
situate  within  the  said  City,  of  the  value  of  three 
hundred  pounds  sterling  clear  of  debt,]*  and  that  no 
person  shall  in  future  be  eligible  to  the  office  of 
Warden  unless  he  be  a  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  and  shall  have  re- 
sided within  the  said  City  three  years  previous  to  his 
election,  and  be  at  the  time  of  his  election  a  resident 
of  the  Ward  for  which  he  shall  be  elected;  [and 
unless  he  be  seized  and  possessed,  in  his  own  right, 
of  a  freehold  estate,  situate  within  the  said  City,  of 
the  value  of  one  hundred  and  fifty  pounds  sterling 
clear  of  debt.] 

Sec.  6.     That  the  Intendant  of  the  City  shall,  in      intendant     to 
addition  to  the  powers  heretofore  given  by  law,  be  ^rjustice  ITthl 
authorized  to  exercise,  within  the  said  City,  all  the  Quorum, 
powers  which  now  are,  or  may  be  incident  to  the 
office  of  Justice  of  the  Quorum :  and  that  he  may. 
by  compulsory  process,   enforce  the  attendance  of 

*  For  this  note,  see  next  page. 


340 


CITY     CHAKIKR. 


witnesses  who  may  be  reqiiired  to  give  testinionv 
before  Council  on  any  subject  matter  within  the 
juriscHction  of  the  Corporation  of  Charleston. 


Ratified 
Dec.    13,    1815. 


AN  ACT  TO  Confirm  the  Division  of  the  City 
OF  Charleston  into  Four  Wards,  as  direct- 
ed BY  AN  Act  passed  Nineteenth  Decem- 
ber, 1809,  '^nd  for  other  purposes  therein 
mentioned. 


Jurisdiction  of 
the  City  to  ex- 
tend to  the  chan- 
nel of  Cooper  and 
Ashley     Rivers. 


Sec.  2.  That  the  territorial  jurisdiction  of  the 
corporation  of  the  City  of  Charleston,  shall  extend 
to  the  channel  of  Cooper  and  Ashley  Rivers,  its 
Northern  boundary  being  the  same  as  is  now  de- 
clared bv  law. 


Ratified 
Dec.    21,     1836. 


AN    ACT   TO   ALTER   AND   AMEND   THE   CHARTER   OF 

THE   City   of   Charleston,    and    for   other 

PURPOSES  therein   MENTIONED. 


Title  of  In- 
tendant  and  War- 
dens changed. 


Section  t.  Be  it  enacted.  That  the  name  and 
title  of  the  Intendant  and  Wardens  of  the  respecti\-e 
Wards  in  the  City  of  Charleston,  as  expressed  in  the 
Act  passed  the  thirteenth  day  of  August,  one  thous- 
and seven  hundred  and  eighty-three,  entitled  "An 
Act  to  Incorporate  Charleston,"  and  in  all  other  Acts 
to  amend  the  Charter  of  the  City,  be  changed  to  the 
name  and  title  of  the  Mayor  and  Aldermen  of  the 
respective  Wards  in  the  City  of  Charleston;  and  all 
laws  of  the  State  and  Ordinances  of  the  City  Council 
of  Charleston,  relating  to  the  powers,  election  and 
term  of  office,  and  duties  of  the  said  Intendant  and 
Wardens,  shall  be,  and  the  same  are  hereby  made  of 
force  in  relation  to  the  Mayor  and  Aldermen  of  the 
City  of  Charleston,  in  the  same  manner  as  if  they, 
or  either  of  them,  had  been  therein  specially  named 


CITY     C'lIAK'IKR. 


341 


Mayor    and    Al- 


])}■  tliat  title.  And  the  said  Mayor  and  Aldermen 
shall  meet  together  in  City  Council,  with  the  same 
powers  and  authority  as  the  said  Intendant  and  War- 
dens, under  the  Act  before  mentioned. 

Sfx.  2.  That  the  said-  Mayor  and  Aldermen  of 
the  City  of  Charleston  shall  be,  and  are  hereby  t'.X'powers"^'^^^ 
respecti\'ely  vested  with,  and  shall  exercise  the 
same  powers  and  authority  that  are  now  vested  in, 
and  exercised  1)y  the  Intendant  and  Wardens  of  the 
Wards  of  the  City  of  Charleston,  under  any  of  the 
Acts  of  Assembly  and  Ordinances  of  the  City  Coun- 
cil of  Charleston. 

Sec.  3.  That  so  much  of  the  ninth  section  of  Mayor  eligible 
the  said  Act,  entitled  "An  Act  to  Incorporate  "e^'i-'s. 
Charleston,"  as  declares  no  person  shall  be  eligible 
to  serve  as  Intendant  ( changed  by  this  Act  into  the 
title  of  Mayor,)  for  more  than  three  years  in  any 
term  of  five  years,  Ije,  and  the  same  is,  hereby  re- 
pealed. 

Sec.    4.     That   the   said    Mayor   of   the   City   of  ,/°^'^"  °^.  *''^ 

'  -^  -■  Mayor      to      issue 

Charleston  shall  ha\e  power  to  issue  warrants,  and  warrants,  etc. 
cause  all  offenders  against  the  law-  to  be  brought  be- 
fore him.  at  the  Police  Court,  established  under  the 
Ordinance  of  the  City  Council  of  Charleston,  or  at 
such  other  time  and  place  as  he  may  direct,  and 
either  to  release,  admit  to  bail,  if  the  offence  be 
bailable,  or  commit  to  the  custody  of  the  Sheriff  of 
Charleston  District,  who  is  hereby  commanded  and 
required  to  receive  the  same,  and  kee})  in  safe  cus- 
tody until  discharged  in  due  course  of  law.  And  the 
said  Mayor  shall,  within  the  corporate  limits  of  the 
City  have  and  exercise  all  the  powers  of  a  Justice 
of  the  Quorum.  And  the  said  Mayor  shall  and  may, 
l)y  compulsory  process,  enforce  the  attendance  of 
witnesses  who  may  be  required  to  give  testimony 
before  the  said  Police  Court,  and"  shall  and  may 
punish,  as  for  contempt  all  persons  who  may,  in  the 
presence  of  the  said  Court,  be  guilty  of  anv  riotous 


342 


CITY     CHARTER. 


Provision  dur- 
ing sickness  of 
the  Mayor. 


Penalties       may 
be      extended      to 

$1,000. 


Officers  of 
Guard  not  to  act 
as  Magistrates, 

etc. 


.\inendments  to 
City  Charter  to 
be  notified  for 
one    montli. 


or  disorderly  coiKluct,  or  who  may  in  any  other 
manner  wilfully  interrnpt  the  proceedings  of  the  said 
Police  Court. 

Sec.  5.  That  in  case  of  the  sickness  or  tempo- 
rary absence  of  the  Mayor  of  the  said  City,  the  Al- 
dermen shall  appoint  one  of  their  number  to  act 
as  Mayor  pro  tciii.,  who  shall,  for  the  time  being, 
exercise  the  powers  and  duties  vested  in  the  Mayor ; 
and  the  duty  of  the  Mayor  in  holding  the  Police 
Court,  during  such  sickness  or  temporary  absence 
of  the  Mayor,  shall  devolve  on  the  Aldermen  in  rota- 
tion ;*  and  the  said  Mayor  shall  not.  by  virtue  of 
any  temporary  absence  from  the  State,  with  the 
consent  of  the  City  Council,  vacate  his  office. 

Sec.  6.  That  the  City  Council  of  Charleston 
shall  have  pouer  to  levy  fines  for  all  offences  against 
their  Ordinances  and  l)}--la\vs  now  existing,  or  w^iich 
may  hereafter  be  pased,  to  an  amount  not  exceeding 
one  thousand  dollars  for  each  such  offence,  to  be  re- 
coverable in  the  City  Court  of  Charleston,  or  any 
other  Court  having  jurisdiction. 

Sec.  7.  It  shall  not  be  lawful  for  any  officer  or 
non-commissioned  officer  of  the  City  Guard  to  exer- 
cise any  of  the  powers  of  a  Magistrate  in  any  case 
of  complaint  by  or  against  the  said  City  Guard,  or 
any  officer  or  member  thereof. 

Sec.  8.  That  no  amendment  to  the  charter  of 
the  said  Cit}'  or  alteration  of  an}-  of  the  laws  relating 
to  the  City  of  Charleston,  which  require  the  sanc- 
tion of  the  Legislature,  shall  hereafter  be  made,  un- 
less the  substance  of  the  amendment  or  alteration 
be  published  in  some  gazette  of  the  City,  for  thirty 
days  previous  to  the  application  for  such  amend- 
ment or  alteration. 


*  By  A.  A.,  1878,  XVI  Stat.  467,  being  §2139  Gen.  Stat. 
1882,  it  is  made  the  duty  of  the  Recorder  to  hold  the  Police 
Court.  By  §2140  of  Gen.  Stats.,  1882,  and  S2273  Rev.  Stats., 
1893,  provision  is  made  for  holding  said  Court  during  the 
sickness  or  unavoidable  absence  of  the  Recorder. 


CITY     CHARIER. 


343 


AN  ACT  TO  Extend  the  Limits  of  the  City  of         Ratified 

Charleston.  ^^'-   '^'  '^^^- 


\\'hereas,  The  growing  importance  and  increas- 
ing population  of  that  part  of  the  Parish  of  St. 
Phihp,  which  hes  to  the  North  and  West  of  Boun- 
dary Street,  renders  it  necessary  to  provide  for  the 
same  a  more  efficient  pohce,  and  in  order  to  avoid 
a  conflict  of  jurisdiction,  it  is  expedient  to  unite 
the  same  with  the  City  of  Charleston ;  Therefore 

Section  t.  Be  if  enacted  by  the  Senate  and 
House  of  Representatives  now  met  and  sitting  in 
General  Assembly,  That  all  that  part  of  St.  Philip's 
Parish  lying  between  the  present  limits  of  the  City 
and  a  line  to  be  drawn  due  West  from  Cooper  River 
to  Ashley  River,  by  the  junction  of  Meeting  and 
King  Streets,  be  divided  into  four  Wards,  as  the 
Commissioners  of  Cross  Roads  may  deem  most  ad- 
visable ;  and  to  each  of  said  Wards  shall  be  assigned 
a  representation  in  the  City  Council  of  Charleston, 
according  to  their  respective  numbers,  with  the  same 
proportion  as  the  other  Wards  of  the  City*  ;and  that, 
in  the  next  election  for  Mayor  and  Aldermen  of  the 
City  of  Charleston,  the  polls  in  the  new  Wards,  as 
well  as  in  the  other  Wards  of  the  City,  shall  be 
opened  in  the  same  manner  as  heretofore  prescribed 
by  law  for  the  election  of  Aldermen  of  each  Ward, 
and  a  Mayor  for  the  whole  City.  And  from  and 
after  the  first  Monday  in  September  next  the 
authority  of  the  several  Boards  of  Commissioners 
for  the  Poor,  and  for  the  Main  and  Cross  Roads, 
over  that  part  of  Charleston  Neck  between  the  pres- 
ent limits  of  the  City  and  the  line  hereinbefore  men- 
tioned, shall  cease  and  determine;  and  the  jurisdic- 
tion and  authoritv  of  the  Citv  Council  of  Charleston 


Preamble. 


Limits  of  the 
City  extended, 
and  four  new 
Wards    added. 


Each  assigned  a 
representation  in 
the    City    Council. 


The  authority 
of  the  several 
Boards  of  Com- 
missioners over 
Charleston  Neck 
to  cease  after 
I  St  Monday  in 
September. 


*  The  representation  is  fixed  by  A.   A.   December  21.   1882, 
post,  at  two  Aldermen  for  each  Ward  in  the  City. 


344 


CITY     CHARTER. 


City  debts  now 
in  existence  to 
be  charged  on  the 
property  now 

possessed  by  the 
City. 

How  taxes  to 
be  levied,  in  ten 
succeeding  years, 
are  to  be  ap- 
plied. 


Property  em- 
ployed for  agri- 
cultural purposes 
to  be  exempt 
from  City  taxa- 
tion. 

No  laws  against 
the  erection  of 
wooden  buildings 
to  have  effect  in 
the  incorporated 
part  for  twenty 
years. 


Property  of  the 
City  of  Charles- 
ton to  be  vested 
in  the  corporate 
body  formed  by 
the   annexation. 


shall  be  extendetl  over  all  that  part  of  St.  Philip's 
Parish,  and  the  same  shall  be.  to  all  intents  and  pur- 
poses, incorporated  with  the  City  of  Charleston,  sub- 
ject, ho\ve\er.  to  the  following-  conditions  and 
restrictions,  that  is  to  say : 

1.  That  all  the  debts  of  the  City  now  in  existence 
shall  be  charged  on  the  property  now  possessed  by 
the  City,  and  paid  by  those  now  liable  for  the  same. 

2.  That  all  taxes  to  be  levied  upon  that  part  of 
St.  Philip's  Parish  hereby  incorporated  with  the 
City,  within  ten  years  next  succeeding  such  incorpo- 
ration, shall  be  applied  exclusixely  in  manner  follow- 
ing, that  is  to  say:  l^^irst,  to  pay  a  proportionable 
part  of  the  general  expenses  of  the  Corporation ;  and 
next,  to  the  special  and  proper  benefit  and  improve- 
ment of  that  part  of  St.  l^hiH])"s  Parish  hereby  incor- 
porated with  the  City. 

3.  That  all  lands,  horses,  carts,  etc.,  which  may 
be  exclusively  employed  in  agriculture,  shall,  while 
so  employed,  be  exempt  from  City  taxation. 

4.  That  no  part  of  the  laws.  Ordinances,  and 
regulations  against  the  erection  of  wooden  buildings 
in  the  City  of  Charleston,  shall  have  effect  or  appli- 
cation in  that  part  of  St.  Philip's  Parish  incorporated 
with  the  City  by  this  .\ct.  until  the  expiration  of 
twenty  years  from  the  passing  of  this  Act.  ex- 
cept in  such  \\'ards  a  may,  l)y  vote  of  the  major  part 
of  the  inhabitants  of  such  Ward,  express  their  con- 
sent and  re(|uest  that  the  same  be  extended  to  them 
at  an  earlier  period. 

Sec.  2.  That  all  the  property  now  belonging  to 
the  City  of  Charleston  shall  l)e  vested  in  the  corpo- 
rate body  to  be  formed  b}-  the  annexation  herein  pro- 
vided for,  subject  only  to  the  claim  of  the  present 
creditors  of  the  City,  f(^r  the  payment  of  their  de- 
mands out  oi  the  coffers  or  revenue  of  the  same ;  and 
that  all  the  laws  and  regulations  of  force  in  the  City 
of  Charleston  shall  extend  and  be  binding  over  that 


CITY     CHARTER.  345 

part  of  St.  Philip's  Parish  hereby  incorporated  with 
the  City,  subject  only  to  the  foregoing  conditions 
and  restrictions,  and  to  such  modifications  as  may, 
from  time  to  time,  be  made  therein,  by  future  legis- 
lation or  by  necessary  implication. 


AN    ACT  TO  ALTER  AND  AMEND  THE   LAWS   ReLAT-  Approved 

iNG  TO  THE  City  of  Charleston.  23.  1879- 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, now  met  and  sitting  in  General  Assembly,  and 
by  authority  of  the  same,  That  hereafter  the  Mayor 
of  the  City  of  Charleston,  and  not  less  than  sixteen  Quorum  neces- 
Aldermen,  shall  be  a  quorum  of  the  City  Council 
of  Charleston  for  the  imposition  of  taxes  and  the  ap- 
propriation of  money  ;and  that  for  the  discharge  of 
all  other  duties  imposed,  and  all  other  powers  and 
authorities  vested  in  the  said  City  by  law,  the  Mayor 
and    not    less    than    twelve    Aldermen    shall    be    a 

Quorum     for 
quorum.  otlfer    duties. 

Sec.  2.  That  all  Acts  or  parts  of  Acts  contrary 
to  or  repugnant  to  the  provisions  of  this  Act  be,  and 
the  same  are  hereby  repealed. 


AN  ACT  relative  to  the  Power  of  the  City    Ma^h^T^^itro 
Council  of  Charleston  to  Impose  Punish-  

MENT     for     the     VIOLATION     OF     CiTY     ORDI- 
NANCES. 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of- South  Car- 
olina, nozv  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same,  That  the  City  Council  ^j^^  coundi. 
of  Charleston  be,  and  they  hereby  are,  authorized 
to  impose  for  the  violation  of  Ordinances,  imprison- 
23 


346 


CITV     CHARTER. 


ment  in  the  work-house  or  jail  not  exceeding  thirty 
days,  in  addition,  or  in  the  alternative,  to  penalties 
now  authorized  to  be  imposed  by  Ordinances  of  said 
City. 
Police  Court.  Sec.  2.     That  the  Police  Court,  the  City  Court 

of  Charleston,  and  Trial  Justices  residing  within  the 
limits  of  the  City  of  Charleston,  are  vested  with 
jurisdiction  to  try,  determine  and  impose  the  penal- 
ties authorized  by  Ordinances  of  the  City  Council 
of  Charleston,  pusuant  to  this  xA.ct :  Provided,  That 
whenever  a  jury  is  demanded  by  a  party  charged 
before  the  Police  Court,  he  shall  be  transferred  to 
the  City  Court  or  a  Trial  Justice  for  trial. 


Approved  AN    ACT    TO    AMEND    AN    AcT    ENTITLED    "An    AcT 

xvi  Stat.,  331.  Relative  to  the  Power  of  the  City  Coun- 

cil OF  Charleston  to  Impose  Punishments 
FOR  the  Violation  of  City  Ordinances," 
approved  March  i,  1870. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  South  Carolina,  now  met 
and  sitting  in  General  Assembly,  and  by  the  author- 
ity of  the  same.  That  the  Act  entitled  "An  Act  rela- 
tive to  the  power  of  the  City  Council  of  Charleston 
to  impose  punishments  for  the  violation  of  City  Or- 
city  Council  to    diuauces,"  approved  March  i,  1870,  be  so  amended 

impose         punish-  V^.  „  .,    ,  ,      ,  ,  , 

ment  of  hard  la-    that  the  Said  City  Council  be,  and  they  are  hereby, 

bor  on  the  streets  .  .  .  ,  -i,-  r/~'"j./^j* 

for    violation    of   authonzcd  to  imposc,  for  the  violation  01  City  Urcli- 

Ordinances.  .  ,     ,    ,  i  i  i  •  ,  . 

nances,  hard  labor  on  the  public  streets,  squares, 
alleys  and  lanes  of  said  City,  in  addition  to  or  in  the 
alternative  of  penalties  which  are  now  or  which  may 
hereafter  be  authorized  to  be  imposed  by  Ordinances 
of  said  City. 


CITY     CHARTER. 


347 


DIVISION   OF   THE   City   of   Charleston   into    code  of  s.  c, 

Twelve  Wards,  and  Making  Provision  for  ^^^!l 

THE  Election  of  the   Mayor  and  Alder- 
men of  said  City. 


Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, now  met  'uid  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same,  That  the  City  of 
Charleston  is  hereby  divided  into  twelve  Wards,  as 
follows :  Ward  number  ( i )  One  shall  embrace  all 
that  portion  of  said  City  lying  South  of  Broad  Street 
and  East  of  King  Street;  Ward  number  (2)  Two 
shall  embrace  all  that  portion  of  the  said  City  lying 
South  of  Broad  Street  and  West  of  King  Street; 
Ward  number  (3)  Three  shall  embrace  all  that  por- 
tion of  the  said  City  lying  North  of  Broad  Street, 
South  of  Hasel  Street,  and  East  of  King  Street; 
Ward  number  (4)  Four  shall  embrace  all  that  por- 
tion of  the  said  City  lying  North  of  Broad  Street, 
South  of  Wentworth  Street  and  West  of  King 
Street ;  Ward  number  ( 5 )  Five  shall  embrace 
all  that  portion  of  the  said  City  lying  North 
of  Hasel  Street.  South  of  Calhoun  Street  and 
East  of  King  Street;  Ward  number  (6)  Six  sixth  ward, 
shall  embrace  all  that  portion  of  the  said  City 
lying  North  of  Wentworth  Street,  South  of  Calhoun 
Street  and  West  of  King  Street;  Ward  number  (7)  seventh  ward. 
Seven  shall  embrace  all  that  portion  of  the  said  City 
lying  North  of  Calhoun  Street,  South  of  Mary 
Street  and  East  of  King  Street;  Ward  number  (8)  Eighth  ward. 
Eight  shall  embrace  all  that  portion  of  the  said  City 
lying  North  of  Calhoun  Street,  South  of  Radcliffe 
and  Bee  Streets  and  West  of  King  Street ;  Ward 
number  (9)  Nine  shall  embrace  all  that  portion  of 
the  City  lying  North  of  Mary  Street  to  the  City 
Boundary.  East  of  Nassau  Street  up  to  its  intersec- 


City  of  Charles- 
ton to  be  divided 
into  twelve 
Wards. 

First    Ward. 
Second   Ward. 


Third   Ward. 


Fourth  Ward. 


Fifth    Ward. 


Ninth  Ward. 


348 


CITY     CHARTER. 


Two     Aldermen 
to    each    Ward. 


Election 
iVIavor. 


tioii  with  Amherst  Street,  East  of  Hanover  Street ; 

Tenth  Ward.  Ward  niimber  (lo)  Ten  shall  embrace  all  that  por- 

tion of  the  said  City  lying  North  of  Mary  Street, 
West  of  Nassau  up  to  its  intersection  with  Amherst 
Street,  and  from  Amherst  Street.  West  of  Hanover 
Street     to     the     City     Boundary,     and     East     of 

Eleventh  Ward.  King  Street ;  Ward  number  ( 1 1 )  Eleven  shall 
embrace  all  that  portion  of  the  said  City  lying 
West  of  King  Street,  East  of  Rutledge  Ave- 
nue,   and    North    of    Radcliffe    Street   to   the   City 

Twelfth  Ward.  Bouudary ;  Ward  number  (12)  Twelve  shall  em- 
brace all  that  portion  of  the  said  City  lying  North  of 
Bee  Street  to  the  City  Boundary,  and  West  of  Rut- 
ledge  Avenue. 

Sec.  2.  Each  Ward  shall  be  represented  in  the 
City  Council  by  two  Aldermen, 
of  Sec.  3.  The  Mayor  shall  be  elected  by  the  qual- 
ified voters  of  the  said  City  at  the  times  and  for  the 
term  of  office  now  prescribed  by  law.  And  the  per- 
son possessing  the  qualifications  now  required  by 
law  for  said  office,  who  shall  receive  the  highest 
number  of  votes  cast  at  such  election,  shall  be  such 
Mayor. 

Sec.  4.  One  Alderman  for  each  Ward  shall  be 
elected  by  the  qualified  voters  thereof,  at  the  times 
and  for  the  term  now  prescribed  by  law  for  Alder- 
men of  said  City.  Each  Alderman  so  elected  must 
be,  and  during  his  term  of  office  must  remain,  a  res- 
ident of  the  Ward  for  which  he  is  elected. 

Sec.  5.  The  other  twelve  (12)  Aldermen  shall 
be  elected  on  a  general  ticket  by  the  qualified  voters 
of  the  said  City,  at  the  times  and  for  the  term  now 
prescribed  by  law  for  the  Aldermen  of  the  said  City. 
Each  Alderman  so  elected  on  such  general  ticket 
shall  be,  and  during  his  term  of  office  shall  remain, 
a  resident  of  the  Ward  for  which  he  is  elected.* 
ng  Pre-  Sec.  6.  Thcrc  shall  be  at  least  one  polling  pre- 
cinct in  each  Ward. 


One  Aldertnan 
for  each  Ward,  to 
be  decided  by 
votes   in   Ward. 


The 
twelve 
to    be 
voter.s 
City. 


other 

Aldermen 

elected    by 

in      whole 


Poll 
cincts. 


*  Amended  by  A.  A.  Dec.  12,  1884. 


CITY     CHARTKR. 


349 


Sec.  7.  The  Commissioners  and  Managers  of 
Election  shall  be  appointed  in  the  same  mode,  and 
shall  be  invested  with  tlie  same  powers  and  duties 
now  prescribed  by  law.  The  voters  shall  be  regis- 
tered ,and  the  election  shall  be  conducted  in  the  same 
manner  as  now  prescribed  by  law,  save  and  except 
as  is  provided  in  the  following  sections. 

Sec.  8.  For  each  election  the  Commissioners  of 
Election  shall  provide  at  least  three  (3)  ballot- 
boxes,  in  one  of  which  shall  be  deposited  the  ballots 
for  Mayor  and  Aldermen  on  the  general  ticket,  in 
one  of  which  shall  be  deposited  the  votes  for  Alder- 
men of  the  Ward,  in  one  of  which  shall  be  deposited 
the  votes  for  School  Commissioner;  and  if  any  ques- 
tion or  questions  be  submitted  to  the  people  of  said 
City  under  any  Act,  Joint  Resolution  or  Ordinance, 
one  other  box,  in  which  the  votes  on  such  question 
or  questions  shall  l)e  deposited.  The  ballot-boxes 
shall  be  constructed  and  the  polling  precincts  be 
guarded  as  is  provided  in  State  elections. 

Sec.  g.  The  voting  shall  l)e  by  ballot,  which 
ballot  shall  be  of  plain  white  paper,  two  and  one-half 
inches  wide  by  five  inches  long,  clear  and  even  cut, 
without  ornament,  designation,  mutilation,  symbol 
or  mark  of  any  kind  whatever ;  except  the  name  or 
names  of  the  person  or  persons  voted  for,  and  the 
ofiice  for  which  such  person  or  persons  are  intended 
to  be  chosen,  which  name  or  names,  and  office  or 
offices,  shall  be  written  or  printed,  or  partly  written 
or  partly  printed,  thereon  in  black  ink  across  such 
ballot  in  i)lain  Roman  type,  and  such  ballot  shall  be 
so  folded  as  to  conceal  the  name  or  names  thereon, 
and  so  folded  shall  be  deposited  in  a  box,  to  be 
constructed  in  the  same  manner  as  the  ballot-boxes 
for  State  elections.  And  no  ballot  of  any  other  de- 
scription found  in  an  election  box  shall  be  counted, 
nor  shall  it  be  lawful  to  count  any  ballot  upon  which 
there  shall  appear  the  name  of  any  officer,  or  the 


Commissioners 
and    Mariaprers    of 
Klection. 


Registration 
voters. 


of 


Kegulations     as 
to   ballot   boxes. 


Regulations     ae 
to     ballots. 


350 


CITY     CHARTER. 


Vacancy  in  of- 
fice of  Mayor, 
how   filled. 


Vacancy 
fice       of 


in    of- 
Alder- 


men,    how    filled. 


name  of  any  person,  in  connection  with  any  office 
other  than  the  office  for  which  the  box  in  which  such 
ballot  is  found  is  provided. 

Sec.  io.  In  case  of  a  vacancy  in  the  office  of 
Mayor,  caused  by  the  death,  resignation,  refusal  to 
serve,  inability,  or  any  disability  of  the  person  elected 
to  be  Mayor,  tiie  City  Council  shall  forthwith  pro- 
ceed to  fill  such  vacancy  by  electing  one  of  their  own 
number  to  act  as  Mayor  for  the  unexpired  term ;  but 
such  election  shall  not  create  a  vacancy  in  the  office 
of  Alderman  in  the  place  of  the  Alderman  thus 
elected  Mayor.  Nothing  herein  contained  to  pre- 
vent the  selection,  as  heretofore,  of  a  Mayor  pro 
tempore  in  case  of  the  temporary  absence  or  inability 
of  the  Mayor. 

Sec.  II.  In  case  of  any  vacancy  in  the  office  of 
Alderman,  by  reason  of  the  death,  resignation,  re- 
fusal to  serve,  removal  from  the  Ward,  inability, 
or  any  other  disability  of  the  person  elected  as  Al- 
derman therein,  it  shall  be  the  duty  of  the  Mayor, 
within  ten  days  after  such  vacancy  has  occurred,  to 
order  an  election  to  fill  the  same ;  and  in  case  the 
Mayor  shall  not,  for  any  reason,  order  such  election, 
it  shall  be  the  duty  of  the  City  Council  to  do  so  at 
its  first  meeting  next  after  the  expiration  of  the 
same  ten  days.  The  time  of  notice  of  such  election, 
and  the  mode  of  conducting  the  same,  shall,  in  every 
respect,  conform  to  those  prescribed  for  the  general 
election  for  Mayor  and  Aldermen  of  said  City :  Pro- 
vided, however,  That  whenever  such  vacancy  shall 
occur  in  the  office  of  an  /Vlderman  who  has  been 
elected  on  a  general  ticket  as  provided  in  Subdivision 
5  of  this  Section  and  known  as  an  Alderman  at 
large,  then  in  such  case  the  Ward  Alderman  shall 
serve  for  and  during  such  unexpired  term  as  Alder- 
man at  large,  and  the  vacancy  filled  by  the  election 
of  a  Ward  Alderman  as  provided  in  Subdivision  4 
of  this  Section. 


VOTING    PRECINCTS. 


351 


Sec.  12.     So  much  of  any  Act  as  may  be  incon-  Acts   inconsist- 

sisteiit  witli  or  repugnant  to  this  Act  is  hereby  re-  ^"*  --epeaied. 
pealed. 

Sec.    it,.     This  Act  to  go  into  effect  on  its  ap-  „^<=t  t°  ?°  'nto 

*■                                                '                                                                '  effect           immedi- 

prOVal.  2tely. 


AN    ACT   TO   AMEND   AN   ACT    ENTITLED    "An    AcT  Ratified 

■r>.  /"•  /^  Dec.     12,     1884. 

TO   Divide   the   City   of   Charleston   into  

Twelve  Wards,  and  Making  Provision  for 
the  Election  of  the  Mayor  and  Aldermen 
OF  the  said  City."'' 


Section  i.  Be  it  enacted  by  tJic  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, now  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same,  Tliat  an  Act  entitled 
"An  Act  to  divide  the  City  of  Charleston  into  twelve 
Wards  and  making  provision  for  the  election  of  the 
Mayor  and  Aldermen  of  the  said  City,"  approved 
2ist  December,  A.  D.,  1882,  be,  and  the  same  is 
hereby  amended  by  striking  out  in  the  fifth  section 
thereof  the  following  words,  to  wit :  "Each  Alder- 
man so  elected  on  such  general  ticket  shall  be,  and 
during  the  term  of  office  shall  remain,  a  resident  of 
the  Ward  for  which  he  is  elected,"  and  inserting  in 
lieu  thereof,  the  following  words,  to  wit :  "Each 
Alderman  so  elected  on  such  general  ticket  shall  be,  ward  w'he^'n'eiert 

ed 

at  the  time  of  his  election,  a  resident  of  the  Ward 
for  which  he  is  elected." 


Alderman 
be       resident 


t  o 
of 


looting  Precincts. 


The  registration  and  voting  precincts  in  the 
County  of  Charleston  within  the  limits  of  the  City 
of  Charleston  shall  hereafter  conform  to  the  Wards 
in  which  the  City  of  Charleston  is  now  by  law 
divided,  and  registration  and  voting  precincts  are 


Code  of  Laws, 
South  Carolina 
Sec.    203. 


352 


VOTING    PRECINCTS. 


First      Precinct, 
Ward    I. 


Polling    Place. 


Second  Pre- 

cinct, Ward    I. 


Polling    Place. 


First      Precinct, 
Ward   2. 


Polling    Place. 


Second  Pre- 

cinct,   Ward    2. 


Polling     Place. 


First     Precinct, 
Ward    3. 


Polling    Place. 


.Seco-.^d  I're- 

cict,  Ward    3. 


Polling    Place. 


First      Precinct, 
Ward     4. 


hereby  established  therein  as  follows :  The  first 
precinct  of  Ward  One  shall  embrace  all  that  portion 
of  said  Ward  South  of  Broad  Street,  East  of  Church 
Street  to  Water  Street,  South  of  Water  Street  to 
Meeting  Street,  East  of  Meeting  Street  to  South 
Bay  Street.  The  poll  shall  be  held  at  or  near  the 
corner  of  Church  and  Water  Streets.  The  second 
precinct  of  Ward  One  shall  embrace  all  that  portion 
of  said  Ward  South  of  Broad  Street,  East  of  King 
Street,  West  of  Church  Street  to  \\^ater  Street  to 
Meeting  Street, West  of  Meeting  Street  to  South 
Bay  Street.  The  poll  shall  be  held  at  or  near  the 
corner  of  Meeting  and  Tradd  Streets.  The  first 
precinct  of  Ward  Two  shall  embrace  all  that  portion 
of  said  W^ard  South  of  Broad  Street,  West  of  King 
Street  to  South  Bay  Street,  including  South  side 
of  said  street  to  Ashley  River,  East  of  Legare  Street 
to  Tradd  Street,  North  of  Tradd  to  Logan  Street, 
East  of  Logan  to  Broad  Street.  The  poll  shall  be 
held  at  or  near  the  corner  of  King  and  Tradd 
Streets.  The  second  precinct  of  Ward  Two  shall 
embrace  all  that  portion  of  said  Ward  South  of 
Broad  Street,  West  of  Logan  Street  to  Tradd 
Street.  South  of  Tradd  to  Legare  Street,  West  of 
Legare  Street  to  Ashley  River.  The  poll  shall  be 
held  at  or  near  the  corner  of  New  and  Broad  Streets. 
The  first  precinct  of  Ward  Three  shall  embrace  all 
that  portion  of  said  Ward  North  of  Broad  Street, 
South  of  Hasell  Street,  East  of  Church  Street  and 
Maiden  Lane.  The  poll  shall  be  at  or  near  the  cor- 
ner of  State  and  Cumberland  Streets.  The  second 
precinct  of  Ward  Three  shall  embrace  all  that  por- 
tion of  said  Ward  North  of  Broad  Street,  South  of 
Hasell  Street,  West  of  Church  Street  and  Maiden 
Lane  and  East  of  King  Street.  The  poll  shall  be 
held  at  Market  Hall.  The  first  precinct  of  Ward 
Four  shall  embrace  all  that  portion  of  said  Ward 
North  of  Broad  Street,  South  of  Wentworth  Street, 


\OTING    PRECINCTS. 


353 


West  of  King-  Street  and  East  of  Mazyck  and  Com- 
ing Streets.  The  poll  shall  be  held  at  or  near  the 
corner  of  Archdale  and  Beanfain  Streets.  The  sec- 
ond precinct  of  Ward  Four  shall  embrace  all  that 
portion  of  said  Ward  North  of  Broad  Street,  South 
of  Wentworth  Street,  West  of  Mazyck  and  Coming 
Streets.  The  poll  shall  be  held  at  or  near  the  corner 
of  Smith  and  Beaufain  Streets.  The  first  precinct 
of  \\''ard  Five  shall  embrace  all  that  portion  of  said 
Ward  North  of  Hasell  Street,  South  of  Calhoun 
Street,  and  East  of  Anson  Street.  The  poll  shall  be 
held  at  or  near  the  corner  of  Laurens  and  Middle 
Streets.  The  second  precinct  of  Ward  Five  shall 
embrace  all  that  portion  of  the  said  Ward  North  of 
Hasell  Street,  South  of  Calhoun  Street,  West  of 
Anson  and  East  of  King  Street.  The  poll  shall  be 
hekl  at  or  near  the  corner  of  Meeting  and  Society 
Streets.  The  first  precinct  of  Ward  Six  shall  em- 
brace all  that  portion  of  said  Ward  North  of  Went- 
worth Street,  South  of  Calhoun  Street,  West  of 
King  Street,  and  East  of  Pitt  Street.  The  poll  shall 
be  held  at  or  near  the  corner  of  George  and  College 
Streets.  The  second  precinct  of  Ward  Six  shall 
embrace  all  that  portion  of  said  Ward  North  of 
Wentworth  Street,  South  of  Calhoun  Street  and 
West  of  Pitt  Street.  The  poll  shall  be  held  at  or 
near  the  corner  of  Bull  and  Rutledge  Streets.  The 
first  precinct  of  Ward  Seven  shall  embrace  all  that 
portion  of  said  Ward  North  of  Calhoun  Street, 
South  of  Mary  Street,  and  East  of  Elizabeth  Street. 
The  poll  shall  be  held  at 'or  near  the  corner  of  Alex- 
ander and  Charlotte  Streets.  The  second  precinct 
of  Ward  Seven  shall  embrace  all  that  portion  of  said 
Ward  North  of  Calhoun  Street,  South  of  Mary, 
West  of  Elizabeth  Street  and  East  of  King  Street. 
The  poll  shall  be  held  at  or  near  the  corner  of  Hud- 
son and  Meeting  Streets.  The  first  precinct  of 
Ward  Eight  shall  embrace  all  that  portion  of  said 


Polling   Place. 


Second  Pre- 

cinct, Ward  4. 


Polling    Place. 


First     Precinct, 
Ward    5. 


Polling    Place. 


Second  Pre- 

cinct,   Ward    5. 


Polling    Place. 


First     Precinct, 
Ward   6. 


Polling    Place. 


Second  Pre- 

cinct, Ward  6. 


Polling   Place. 


First     Precinct, 
Ward   7. 


Polling    Place. 


Second  Pre- 

cinct,   Ward    7. 


Polling    Place. 


First     Precinct, 
Ward  8. 


354 


\(>'1IN(;    I'RKCINCTS. 


Pollino;    Place. 


Second  Pre- 

cinct. Ward   8. 


Polling    Place. 


First      Precinct, 
Ward    9. 


Polling    Place. 


Second  Pre- 

cinct,   Ward    9. 

Polling    Place. 


l'"irs'      Pr'j  inct, 
Ward    10. 


Polling    Place 


Second  Vr< 

circt.    Ward    10. 


Polling    Place. 


First      I'recin;-t, 
Ward     II. 


Polling    Place. 


Second  Pre- 

cinct,  Ward    II. 


Polling    Place. 


Ward  North  of  Calhoun  Street,  South  of  RadcHffe 
Street.  West  of  King  Street  and  East  of  Pitt  and 
Thomas  Streets.  The  poll  shall  be  held  at  or  near 
the  corner  of  Vanderhorst  and  Coming  Streets. 
The  second  precinct  of  Ward  Eight  shall  embrace 
all  that  portion  of  said  Ward  North  of  Calhoun 
Street,  South  of  Radcliffe  and  Bee  Streets  and  West 
of  Pitt  and  Thomas  Streets.  The  poll  shall  be  held 
at  or  near  the  corner  of  Rutledge  and  Vanderhorst 
Streets.  The  first  precinct  of  Ward  Nine  shall  em- 
brace all  that  portion  of  said  Ward  North  of  Mary 
Street,  South  of  Columbus  Street  and  East  of  Nas- 
sau and  Hanover  Streets.  The  poll  shall  be  held  at 
or  near  the  corner  of  Amherst  and  America  Streets. 
The  second  precinct  of  Ward  Nine  shall  embrace  all 
that  portion  of  said  Ward  North  of  Columbus,  East 
of  Hanover  Street  to  the  City  Boundary.  The  poll 
shall  be  held  at  or  near  the  corner  of  America  and 
Cooper  Streets.  The  first  precinct  of  Ward  Ten 
shall  embrace  all  that  portion  of  said  Ward  North 
of  Mary  Street,  South  of  Columbus  Street,  West  of 
Nassau  and  East  of  King  Street.  The  poll  shall  be 
held  at  or  near  the  corner  of  Woolfe  and  ^Meeting 
Streets.  The  second  precinct  of  Ward  Ten  shall 
embrace  all  that  portion  of  said  Ward  North  of  Co- 
lumbus. East  of  King  Street  and  West  of  Hanover 
Street  to  the  City  Boundary.  The  poll  shall  be  held 
at  or  near  the  corner  of  Line  and  Meeting  Streets. 
The  first  precinct  of  Ward  Eleven  shall  embrace 
all  that  portion  of  said  Ward  North  of  Radcliffe 
Street,  South  of  Spring  Street,  West  (^f  King- 
Street  and  East  of  Rutledge  Avenue.  The  poll  shall 
be  held  at  or  near  the  corner  of  Morris  and  Coming 
Streets.  The  second  precinct  of  Ward  Eleven  shall 
embrace  all  that  portion  of  said  Ward  North  of 
Spring  Street,  West  of  King  Street  and  East  of 
Rutledge  Street  to  the  City  Boundary.  The  poll 
shall  be  held  at  or  near  the  corner  of  Line  and  Com- 


REGISTRATION   OF    \OTERS. 


355 


ing   Streets.      The  first  precinct  of   W^ard   Twelve       -irst    Precinct, 
shall  embrace  all  that  portion  of  said  Ward  North   '■''^  '' 
of  Bee  Street,  West  of  Riitledge  Avenue.  East  of 
President  Street  and  its  line  of  prolongation  to  the 
City  Boundary.    The  poll  shall  be  held  at  or  near  the  poiung  piace. 
corner  of  Ashley  and  Spring  Streets.     The  second 
precinct  of  Ward  Twelve  shall  embrace  all  that  por- 
tion of  said  Ward  North  of  Bee  Street,  West  of 
President  Street  and  its  line  of  prolongation  to  the 
City  boundary.     The  poll  shall  be  held  at  or  near   I'oi'ing  piace 
the  corner  of  Spring  and  Norman  Streets.    The  said 
voting  precincts  are  hereby  declared  to  be  voting 
precincts  for  all  elections  held  in  the  City  of  Charles- 
ton, whether  State,  Federal  or  municipal. 


Second  Pre- 

nct,  Ward   12. 


QUALIFICATION  and  Registration  of  Elec- 
tors IN  Municipal  Elections. 

Civil  Code  S.  C.  1902. 

Sec.  174.     Every  male  citizen  of  this  State  and      Quaiii  ft  cations 

'  -^  J  for        registration 

the  United  States  twenty-one  years  of  age  and  up-  after  January  1st, 

wards,    not    laboring    under    disabilities    named    in    —^ — — 

the  Constitution  of  1895  of  this  State,  who  shall  con.  Art.' 2.  §i.' 
have  been  a  resident  in  the  State  for  two  years,  in 
the  County  one  year,  in  the  polling  precinct  in  which 
the  elector  offers  to  vote  four  months  before  any 
election,  and  shall  have  paid  six  months  before  any 
election  any  poll  tax  then  due  and  payable,  and  who 
can  both  read  and  write  any  Section  of  the  said 
Constitution  submitted  to  him  by  the  registration 
officer  or  officers,  or  can  show  that  he  owns,  and 
has  paid  all  taxes  collectible  during  the  previous  year 
on  property  in  this  State  assessed  at  three  hundred 
dollars  or  more,  and  who  shall  apply  for  registra- 
tion, shall  be  registered:  Provided,  That  ministers 
in  charge  of  an  organized  Church  and  teachers  of 
public   schools   shall   be   entitled   to   vote   after   six 


356 


REGISTRATION   OF   VOTEKS. 


Who    are    quali- 
fied. 


No  person  to 
vote  unless  regis- 
tered. 

1896.       xxii.       34. 


months"  residence  in  the  State  if  otherwise  quaHfied : 
Provided,  further,  That  persons; who  are  idiots,  in- 
sane, paupers  supported  at  the  pubHc  expense  and 
persons  confined  in  any  public  prison  shall  be  dis- 
qualified from  being  registered  or  voting :  And  pro- 
vided, further,  That  persons  convicted  of  burglary, 
arson,  obtaining  goods  or  money  under  false  pre- 
tenses, perjury,  forgery,  robbery,  bribery,  adultery, 
bigamy,  wife-beating,  housebreaking,  receiving 
stolen  goods,  breach  of  trust  with  fraudulent  intent, 
fornication,  sodomv,  incest,  assault  with  intent  to 
ravish,  miscegenation,  and  larceny,  or  crimes  against 
the  election  laws,  shall  l)e  disqualified  from  being 
registered  or  voting,  unless  such  disqualification 
shall  have  been  removed  by  the  pardon  of  the  Gov- 
ernor. 

Sec.  175.  No  person  shall  be  allowed  to  vote 
at  any  election  hereafter  to  be  held  unless  he  shall 
have  been   registered  as  herein  required. 


Who  entitled  to 
vote  in  municipal 
elections. 


Municipal  Reg- 
istration: how 
made. 


Sec.  194.  Every  male  citizen  of  this  State  and 
of  the  United  States  of  the  age  of  twenty-one  years 
and  upwards,  having  all  the  qualifications  mentioned 
in  Section  174  of  this  Act,  and  who  has  resided 
within  the  corporate  limits  of  any  incorporated  city 
or  town  in  this  State  for  four  months  previous  to 
any  municipal  election,  and  has  paid  all  taxes  due 
and  collectible  for  the  preceding  fiscal  year,  and  who 
has  been  registered  as  hereinafter  required,  shall  be 
entitled  to  vote  at  all  municipal  elections  of  his  city 
or  town  after  the  general  election  in  the  year  1896. 

Sec.  195.  Ninety  days  before  the  holding  of  a 
regular  election  in  any  incorporated  city  or  town  in 
this  State,  the  Mayor  or  Intendant  thereof,  shall 
appoint  one  discreet  individual  who  is  a  qualified 
elector  of  such  municipality  as  Supervisor  of  Regis- 
tration for  such  city  or  town,  whose  duty  it  shall  be 
to  register  all  (jualified  electors  within  the  limits  of 


Rl".(;i  STRATI  ()\    Ol"    \(iti:ks. 


357 


the  incorporated  city  or  town.  The  names  of  all 
qualified  electors  of  such  municipality  shall  be  en- 
tered in  a  book  of  registration,  which  at  least  one 
week  before  the  election  and  immediately  after  the 
holding  of  the  election  shall  be  filed  in  the  office  of 
the  Clerk  or  Recorder  of  such  city  or  to\vn,  and  shall 
be  a  public  record  open  to  the  inspection  of  any  cit- 
izen at  all  times.  Such  registration  shall  be  used 
for  all  special  elections  in  the  municipality  until 
ninety  days  preceding  the  next  regular  election  :  Pro- 
vided, That  in  cities  of  over  fifty  thousand  inhabi- 
tants there  shall  be  appointed  three  Supervisors, 
who  shall  represent  different  political  parties  or  fac- 
tions of  parties.  Immediately  preceding  any  muni- 
cipal election  to  be  held  in  any  incorporated  city  or 
town  in  this  State,  the  Supervisor  or  Supervisors  of 
Registration  (as  the  case  may  be)  shall  prepare  for 
the  use  of  the  Managers  of  Election  of  each  polling 
precinct  in  such  city  or  town  a  registration  book  or 
books  for  each  polling  precinct  in  such  city  or  town 
containing  the  names  of  all  electors  entitled  to  vote 
in  such  polling  precinct  at  said  election. 

Sec.  196.     It  shall  be  the  duty  of  the  Mayor  or  j,e^f°umishe*cf'  *° 
Intendant  of  incorporated  cities  or  towns  to  cause 
to  be  prepared  and  furnished  suitable  books  of  regis- 
tration and  all  stationery  and  blanks  necessary  for 
the  registration  of  electors. 

Sec.  197.  The  Supervisor  or  Supervisors  of  f„p "raLiitratior 
Registration  (as  the  case  may  be)  shall  judge  of  the  How  determined, 
qualifications  of  all  applicants  for  registration.  The 
production  of  a  certificate  of  registration  from  the 
Board  or  Supervisor  of  Registration  of  the  County 
entitling  the  applicant  to  vote  in  a  polling  precinct 
within  the  incorporated  city  or  town  in  which  the 
applicant  desires  to  vote  shall  be  a  condition  pre- 
requisite to  the  applicant's  obtaining  a  certificate  of 
registration  for  municipal  elections ;  and  the  produc- 
tion of  such  certificate  and  proof  of  his  residence 


358 


RK(;iSTKATl(3N   OF   VOTfZRS. 


Appeals. 


Place    of    voting. 


Elector   to   have 
certificate. 


within  the  Hmits  of  the  municipahty  for  four  months 
preceding  such  election  and  the  payment  of  all  taxes 
assessed  against  him  due  and  collectible  for  the  pre- 
vious fiscal  year  shall  entitle  the  applicant  to  regis- 
tration. From  the  decision  of  the  municipal  Super- 
visor any  applicant  may  appeal  to  the  Court  of  Com- 
mon Pleas,  or  any  Judge  thereof,  and  from  thence 
to  the  Supreme  Court,  and  the  mode  of  appeal  shall 
be  the  same  as  provided  in  Section  i8o  of  the  Civil 
Code. 

Sec.  198.  In  inccjrporated  cities  or  towns  in 
which  there  are  more  than  one  polling  precinct, 
every  elector  shall  vote  at  the  polling  precinct  in 
which  his  registration  certificate  entitles  him  to  vote. 

Sec.  199.  Each  elector  registered  by  the  munici- 
pal Supervisor  or  Supervisors  of  Registration  (as 
the  case  may  be)  shall  be  furnished  by  such  Super- 
visor or  Supervisors  (as  the  case  may  be)  with  a 
certificate,  which  shall  be  of  the  following  form : 


Form  of  certifi-    State  OF  SouTH  CAROLINA,  City  or  Town  of 

cate. 

Registration    Certificate   for   Municipal 

Election. 

Number ,  Ward . 

This   is  to  certify  that is   a 

qualified  elector  of  the  city  or  town  of 

resides  in  Ward ,  is years  of  age,  and 

is  entitled  to  vote  in  the  municipal  election  on  the 

day  of ,   19 

» 

"Supervisor  of  Registration." 

J 

> 

(01-)  -- ■-,  ^^ 

"Supervisors  of  Registration." 


RKGIS  IRATloX    Ol'     VOIKRS. 


359 


Sec.  joo.  Before  any  municipal  election  to  be  Managers  of 
held  in  any  incorporated  city  or  to\yn  in  this  State  fiished"\vith  reg^s- 
after  the  general  election  of  1896,  the  municipal  '""''°"  ^°°^'- 
Superyisor  or  Superyisors  of  Registration,  (as  the 
case  may  be)  shall  furnish  the  Managers  of 
Election  with  the  book  or  books  of  registra- 
tion for  the  city  or  town,  or  precinct  thereof, 
prepared  by  him  or  them  for  the  use  of  the  Mana- 
gers of  Election  as  prescribed  in  Section  195, 
which  they  shall  return  to  the  Superyisor  or 
Super\'isors  (as  the  case  may  be)  within  three 
days  after  the  election;  and  no  elector  shall  be 
allowed  to  yote  in  any  municipal  election  whose 
name  is  not  registered  as  herein  proyided.  or  who 
does  not  produce  a  municipal  registration  certificate 
at  the  polls :  Provided,  That  in  case  the  name  of  any 
registered  elector  does  not  appear,  or  incorrectly  ap- 
pears, on  the  registration  books  of  his  polling  pre- 
cinct, he  shall  neyertheless  be  entitled  to  vote,  upon 
the  production  and  presentation  to  the  Managers 
of  Election  of  such  precinct  (in  addition  to  his 
municipal  registration  certificate)  a  certificate  of 
the  Clerk  or  Recorder  of  such  city  or  town  that  his 
name  is  enrolled  in  the  registration  books  of  his 
city  or  town,  on  file  in  the  office  of  said  Clerk  or 
Recorder,  and  it  shall  be  the  duty  of  said  Clerk  or 
Recorder  to  furnish  such  certificate  without  cost 
or  charge  upon  demand  of  any  such  elector  whose 
name  appears  on  the  registration  book  of  his  city  or 
town  on  file  in  the  office  of  said  Clerk  or  Recorder. 

Sec.  201.  Every  applicant  for  registration,  in-  ^Oath^  requiied 
eluding  municipal  registration,  shall  first  take  the 
following  oath,  to  be  administered  to  him  by  the 
Board  or  the  Supervisor  or  Supervisors  of  Registra- 
tion (as  the  case  may  be:)  "I  do  solemnly  swear 
(or  affirm)  that  I  am  a  male  citizen  of  this  State 
and  of  the  United  States ;  that  I  am  twenty-one 
years  of  age  or  more :  that  T  have  resided  in  this 


of    applicant. 


360  REGISTRATION   OF   VOTERS. 

State  for  two  years,  and  in  this  County  for  one  year, 
and  in  the  polhng  precinct  in  which  I  apply  to  be 
registered  and  in  which  I  will  offer  to  vote  if  reg- 
istered for  four  months ;  and  that  I  have  not  been 
convicted  of  burglary,  arson,  obtaining  goods  or 
money  under  false  pretenses,  perjury,  forgery,  rob- 
bery, bribery,  adultery,  bigamy,  wife-beating,  house- 
breaking, receiving  stolen  goods,  breach  of  trust 
with  fraudulent  intent,  fornication,  sodomy,  incest, 
assault  with  intent  to  ravish,  miscegenation,  larceny, 
or  crime  against  the  election  laws." 
Each   Township        Sec.   202.     Each  towuship  as  now  or  hereafter 

a  polhng  precinct.      ,     .  ,  i      i    ,-         i    •  ,  i    /-^  •  •  i   • 

laid  out  and  denned  m  the  several  Counties  m  this 
State,  and  in  those  Counties  where  there  are  no  such 
township  the  parish  as  formerly  known  and  defined 
is  declared  a  polling  precinct.  In  all  cities  and 

towns  containing  five  thousand  inhabitants  or  more, 
where  the  same  is  divided  into  wards,  each  ward 
shall  have  a  polling  precinct;  and  in  the  City  of 
Charleston  the  polling  precincts  shall  be  the  same  as 
the  voting  precincts  now  established  in  the  several 
wards  of  said  city  by  law,  and  in  the  County  of 
Richland  that  portion  of  Columbia  Township  outside 
of  the  corporate  limits  of  the  City  of  Columbia  (as 
the  said  limits  are  now  or  may  hereafter  be  by  law 
established)  shall  constitute  a  separate  polling  pre- 
cinct. The  voting  places  within  these  polling  pre- 
cincts shall  be  the  same  as  now  or  hereafter  estab- 
lished by  law :  Provided,  When  there  are  more 
than  one  voting  place  in  the  polling  precincts  the 
elector  for  that  precinct  can  vote  at  either  polling 
place,  to  be  designated  on  his  certificate  of  registra- 
tion by  Board  of  Registration  or  Supervisor  of 
Registration. 


I'ARAMOl'NT     I.IKN     I'OR     Cll'Y     TAXES. 


361 


AN  ACT  TO  Authorize  the  City  Council  of        Approved 
Charleston   to   Make  City  Taxes  a  Lien    xvi  sti't.,'^^^' 
FOR  the  Term  of  Two  Years. 


725- 


Be  if  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  South  Carolina,  nozv  met 
and  sitti)ig  in  General  Assembly,  and  by  the  author- 
ity of  the  same.  That  the  City  Council  of  Charleston 
shall  be.  and  they  are  hereby  vested  with  power  and 
authority  to  make  any  tax  hereafter  imposed  by 
them,  a  lien  paramount  to  all  other  liens,  except  taxes 
imposed  by  the  State,  which  may  exist  or  may  there- 
after attach  to  any  real  property  in  reference  to 
which  the  tax  is  levied  ;  and  the  said  lien  shall  remain 
in  force  as  a  paramount  lien  for  the. term  of  two 
years :  Provided,  That  no  such  lien  shall  exist  un- 
less the  amount  of  taxes  claimed  against  each  piece 
of  property  be  recorded  in  a  book  kept  for  that  pur- 
pose, showing  the  name  of  the  owner,  an  accurate 
description  of  the  property,  and  the  amount  of  taxes  I'roviso 
claimed,  which  book  shall  be  kept  in  the  office  of  the 
City  Treasurer,  and  be  open  to  the  inspection  of  the 
public ;  and  the  City  Treasurer  shall  be  recjuired  to 
give  certificate  of  what  taxes  are  clue  against  any 
person,  and  on  what  piece  of  property,  on  the  de- 
mand of  any  person,  for  which  he  shall  be  allowed 
to  charge  a  fee  of  twenty-five  cents  for  each  name. 


Taxes      a      lien 
for    two    years. 


AN  ACT  TO  authorize  the  City  Council  of 
Charleston  to  Tax  the  Income  of  Per- 
sons Resident  without  the  said  City,  de- 
rived FROM  Business  Conducted  within 
the  City. 


Ratified 
Dec.     21,     1836. 


Section  i. 


Be  it  enacted,  That  the  City  Council  ^^^""of  incomJ 


of  Charleston  shall  be,  and  they  are  hereby  vested   dL-ive'd^i^^^ch^"*^ 


:ity. 


24 


362 


I.UKNS1-:    TAX. 


with  power  and  authority  to  levy  and  collect  such 
assessments  and  taxes  on  the  income  and  profit  of 
persons  resident  without  the  limits  of  the  City  of 
Charleston,  flerived  from  the  pursuit  of  any  faculty, 
profession,  or  occupation,  conducted  within  the  lim- 
its of  said  City,  as  the  said  City  Council  may  deem 
expedient  for  the  safety,  convenience,  benefit,  and 
advantage  of  the  said  City  -.Provided,  That  no  tax 
imposed  upon  the  said  persons  so  resident  without 
the  City,  shall  be  at  a  greater  rate  than  that  levied 
upon  persons  resident  within  the  same. 


Approved  ''^N    ACT    TO    AUTHORIZE    THE    CiTY    COUNCIL    OF 

Dec.   17,  1881.  Charleston  to  Impose  a  License  Tax  on 

ALL  Persons  Engaged  in  any  Business, 
Trade,  or  Profession  in  the  City  of 
Charleston. 


Preamble. 


Whereas,  by  an  inadvertence  in  an  Act  entitled 
"An  Act  to  regulate  the  assessment  and  taxation 
of  personal  property  in  the  City  of  Charleston,"  ap- 
proved March  Tst,  [870,  it  has  been  questioned 
whether  the  intent  of  the  said  Act  to  empower  the 
City  Council  of  Charleston  to  impose  a  license  tax 
on  persons  engaged  in  business  in  the  City  of 
Charleston  can  be  accomplished — 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, nozv  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same.  That  the  City  Council 
Authorized  to  of  Charkstou  be,  and  are  hereby  authorized  to  re- 
grant  licenses.  ^^^-^^  ^j^^  payment  of  such  sum  or  sums  of  money, 
not  exceeding  five  hundred  dollars,  for  license  or 
licenses,  as  in  their  judgment  be  just  and  wise,  by 
any  person  or  persons  engaged,  or  intending  to  en- 
gage in  any  calling,  business  or  profession,  in  whole 
or  in  part,  within  the  limits  of  the  City  of  Charles- 


TAXATION. 


363 


ton,  except  those  engaged  in  the  calHng  or  profes- 
sion of  teachers  and  ministers  of  the  gospel. 

Sec.  2.     The  said  City  Council  of  Charleston  is      ordinances    to 
hereby  authorized  to  pass  such  Ordinances  as  are  ^thorized° 
necessary  to  carry  the  intent  and  purposes  of  this 
Act  into  full  effect. 

Sec.  3.     That  this  Act  shall  take  effect  from  the 
date  of  its  approval.       ******* 


AN  ACT  TO  Amend  the  Charter  of  the  City  of     Approved   Dec. 
Charleston,   with  reference  to  the  En-  ^— — '■ 

FORCEMENT    AND     COLLECTION     OF    TaXES    ON 

Personal  and  Real  Property. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  South  Carolina^  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority 
of  the  same,  That  the  City  Council  of  Charleston  be, 
and  they  are  hereby  authorized  and  empowered,  for      Enforcement 

,1  r  j^  1  ti      i-  r   i  J"  •    •-    and    collection    of 

the  enforcement  and  collection  of  taxes  for  munici    municipal   taxes. 

pal  purposes,  on  real  and  personal  property  within 

the  City  of  Charleston,  to  adopt  such  of  the  State 

legislation    heretofore   enacted,    or    hereafter   to   l)e 

enacted,  as  they  may  deem  expedient,  and  as  may  be 

applicable,   with  reference  to  the  enforcement  and 

collection  of  State  and  County  Taxes,  and  sales  of 

real  and  personal  property  for  payment  of  the  same, 

including  the   levy  and   sale   of   real   and   personal 

property  for  delinquent  taxes,  and  the  proceedings 

subsequent  to  sale,  as  provided  in  the  Act  entitled, 

"An  Act  in  relation  to  forfeited  lands,  delinquent 

lands  and  collection  of  taxes,"  approved  December 

24th,  1887,  and  all  amendments  thereto:     Provided,  Proviso. 

always,  That  such  municipal  legislation  shall  provide 

for  the  priority  of   State  and  County  Taxes  over 

Municipal  Taxes. 


364 


CHAIN    GANG    LAW. 


Chain  Gang  Law. 


Extracts  from  Civil  Code,  1902,  being  Sections 
77^^  77Z^  77Ar  and  783. 


Sentence 
prisoners    to 
labor. 


of 
hard 


Municipal 
victs. 


County 
gang. 


chain 


Sec.  772.  All  the  Courts  of  this  State  and  muni- 
cipal authorities  which,  under  existing  laws,  have 
power  to  sentence  convicts  to  confinement  in  prison 
with  hard  labor,  shall  sentence  all  able  bodied  male 
convicts  to  hard  labor  upon  the  ])ublic  works  of  the 
County  in  which  said  persons  shall  have  been  con- 
victed, and  in  the  alternative  to  imprisonment  in  the 
County  Jail  or  State  Penitentiary,  at  hard  labor : 
Provided,  That  municipal  authorities  may  sentence 
municipal  convicts  to  work  upon  the  streets  and  other 
public  works  of  the  municipality  in  which  they  have 
been  convicted,  and  such  convicts,  when  so  sen- 
tenced, shall  work  under  the  exclusive  direction  and 
control  of  the  municipal  authority  imposing  sen- 
Provided,  That  no  convict,  whose  sentence  shall  be 
for  a  period  longer  than  five  years,  shall  be  so  sen- 
tenced. 

Sec.  yyT).  All  convicts  upon  whom  may  be  im- 
posed sentence  of  labor  on  the  highways,  streets, 
and  other  public  works  of  a  County  shall  be  under 
the  exclusive  supervision  and  control  of  the  County 
Supervisor  and  by  him  formed  into  a  County  chain 
gang  and  required  to  labor  on  the  highways,  roads, 
bridges,  ferries  and  other  public  works  or  buildings 
of  the  County  and  he  shall  direct  the  time,  place  and 
manner  of  labor  to  be  performed  by  said  chain  gang  : 
Provided,  That  said  chain  gang  shall  not  be  worked 
in  connection  with  or  near  any  road  contractor  or 
overseer.  And  all  convicts  upon  whom  may  be  im- 
posed sentence  of  labor  on  the  highways,  streets  or 
other  public  works  of  a  city  or  town  shall  be  under 
the  exclusive  supervision  and  control  of  the  munici- 


CHAIN    GANG    LAW. 


365 


pal  authorities  of  such  city  or  town,  or  such  officer 
or  officers  as  such  municipal  authorities  may  ap- 
point, and  by  them  or  him  formed  into  a  city  or 
town  chain  gang,  and  required  to  labor  on  the 
streets,  lanes,  alleys,  drains  and  other  municipal  pub- 
lic work  or  buildings  of  such  city  or  town  (includ- 
ing public  parks  owned  and  controlled  by  such  city 
or  town,  whether  within  or  without  the  corporate 
limits  of  such  city  or  town),  but  on  no  other  high- 
ways, streets  or  other  public  works  in  or  of  the 
County  in  which  such  city  or  town  may  be  situated : 
Provided,  That  if  any  convicts  upon  whom  may  be 
imposed  sentence  of  labor  on  the  highways,  streets, 
and  other  public  works  of  a  County  are  not  formed 
into  a  County  chain  gang,  or  are  not  required  to 
labor  on  the  highways,  streets  and  other  public 
works  of  a  County,  they  may  be  required  to  labor 
on  the  highways,  streets  and  other  public  works  of 
anv  city  or  town  in  such  County,  having  a  city  or 
town  chain  gang,  upon  such  terms  as  may  be  agreed 
upon  by  and  between  the  County  Board  of  Commis- 
sioners of  such  County  and  the  municipal- authorities 
of  such  city  or  town. 

Sec.  774.  The  County  Board  of  Commissioners 
shall  diet  and  provide  suitable  and  efficient  guards 
and  appliances  for  the  safe  keeping  of  said  convicts. 
They  shall  likewise  provide  all  necessary  tools,  im- 
plements and  road  machines  for  performing  the 
wfork  required  of  said  convicts,  all  costs  and  expenses 
of  which  shall  be  paid  out  of  the  County  road  fund 
in  the  same  manner  as  other  charges  against  said 
fund  are  paid. 

Sec.  783.  In  case  any  convict  or  convicts  so  em- 
ployed by  the  County  Supervisor  shall  become  un- 
governable or  unfit  for  the  labor  required  of  such 
convict  or  convicts,  the  said  Supervisor  may  commit 
such  convict  or  convicts  to  the  State  Penitentiary  or 
County  Jail.    And  it  shall  be  the  duty  of  the  Super- 


Care     of 
victs,    tools, 
expenses. 


Con- 
etc. 


Surrender  of 
convicts,  and  safe 
keeping   of. 


366 


BEGGARS. 

intendent  of  the  Penitentiary,  or  the  Sheriff  of  the 
County,  as  the  case  may  be,  to  receive  any  such  con- 
vict or  convicts  so  committed.  When  said  chain 
gang  is  not  employed,  or  when  convenient  and  prac- 
ticable, they  shall  be  confined  in  the  County  Jail  for 
safe  keeping  under  direction  of  said  Supervisor. 


Beggars. 


Ratified 
Dec.     19,     1795. 


AN  ACT  TO  VEST  THE  CiTY  COUNCIL  OF  CHARLES- 
TON W^ITH  CERTAIN  POWERS  THEREIN  MEN- 
TIONED. 


City    Council        Section  I .     Bc  it  enacted.  That  the  City  Council 

authorized  to  take  r    /— 1         1  1      11    1  11  11  1 

up    and    confine    01  Charleston  shall  be,  and  they  are,  hereby  vested 

strolline;     beggars.  .,.,,  ,,.  ,  11- 

With  full  power  and  authority  to  take  up  and  confine 
to  labor  (if  they  are  capable  thereof)  all  strolling 
beggars  found  strolling  and  begging  about  the  City 
of  Charleston,  and  to  make  such  rules  and  Ordi- 
nances for  the  due  regulation  of  such  persons  as 
they  shall  see  fit. 


Buildings. 


Ratified 
June    I,    1838. 


AN  ACT  FOR  Re-Building  the  City  of  Charles- 
ton. 


Sec.  8.  And,  whereas,  the  frequent  visitation 
of  the  City  of  Charleston  by  fire,  the  destruction  of 
property,  and  the  loss  of  life  occasioned  thereby, 
admonish  the  State  of  the  evil  of  permitting  other 
than  fire-proof  buildings  in  the  said  City;  and, 
whereas,  the  funds  of  the  State  herein  authorized 
to  be  advanced  on  the  security  of  the  buildings  in 
the  said  City  may  be  endangered ;  and  no  induce- 
ment  is   offered   to   individuals   to   erect  fire-proof 


BUILDINGS.  3^7 

buildings  so  long  as  others  are  allowed  to  build  in 
the  immediate  neighborhood  of  combustible  materi- 
als :  for  remedy  whereof :  Be  if  enacted,  That  here-      wooden    buiid- 

r  •        111        'i        1  ri  1-11  '"§s     not     to     be 

alter  it  shall  not  be  lawful  to  build,  put,  erect  or  con-  constructed, 
struct  wnthin  the  City  of  Charleston  any  wooden  or 
framed  building,  or  to  cover  any  building  with  a  roof 
of  combustible  materials ;  and  every  building  or  con- 
struction, framed  or  constructed  of  wood,  or  having 
more  wood  on  the  outside  thereof,  or  the  roof  of 
which  is  constructed  otherwise  than  is  prescribed 
by  an  Ordinance  ratified  by  the  City  Council  of 
Charleston  on  the  eighth  of  May  of  the  present  year, 
entitled  "An  Ordinance  to  prevent  the  erection  of 
wooden  buildings,  and  to  provide  greater  security 
from  fires,"  shall  be.  and  is  hereby  declared  to  be  a 
public  and  common  nuisance,  and  as  such  shall  be     Declared     com- 

'  •  mon  nuisances 

abated  by  the  judgment  and  process  of  any  court  and  to  be  abated, 
of  competent  jurisdiction;  and  the  persons  respect- 
ively building,  covering  or  constructing,  or  instru- 
mental in  building,  covering  or  constructing  any 
building,  roof,  or  construction,  contrary  to  this  Act, 
or  to  the  provisions  prescribed  in  the  said  Ordi- 
nance, shall  be  subject  to  the  same  penalties,  in  all 
respects,  as  are  provided  by  the  said  Ordinance ;  and 
all  additions  which  shall  be  made  to  houses  or 
buildings  already  erected,  and  all  houses  and  build- 
ings which  shall  be  erected  on  old  foundations,  in 
part  or  in  whole,  shall  be  deemed  and  considered 
within  the  provisions,  restrictions  and  regulation 
of  the  said  Ordinance  and  this  Act ;  and  full  power 
and  authority  are  hereby  granted  and  confirmed  to 
the  City  Council  of  Charleston  to  determine  the  ma- 
terials, thickness  and  construction  of  the  walls  and      Council      may 

.  „  ...  J     prescribe  size  and 

Other  parts  of  buildings,  of  different  dimensions  and  materials  of  waiis. 
character,  within  the  said  City,  and  to  make  such 
other  provisions  by  law  as  they  may  deem  expedient 
to  promote  the  erection  of  safe  and  convenient  fire- 
proof buildings,  and  to  provide  greater  security  to 


368 


BUILDINGS. 


the  said  City  from  tires :  Provided,  always,  That 
none  of  the  securities  against  fire,  prescribed  by  this 
Act,  shall  be  diminished  by  any  action  of  the  City 
Council :  And,  provided,  also,  That  the  marshes 
iiowed  by  the  tide,  within  the  City,  shall  be  excepted 
only  to  such  extent  as  has  been  excepted  by  the  said 
City  Council. 


Ratified 
Dec.   20,    1856. 


AX  ACT  TO  Amend  the  Laws  in  relation  to 
THE  Erection  of  Wooden  Buildings  in  the 
City  of  Charleston. 


Lawful  to  erect 
wooden  build- 
ings in  Charles- 
ton for  twenty 
years  in  certain 
localities. 


Localities 
scribed. 


pre- 


Buildings  to  be 
covered  with 
slate,  tin,  or  other 
incombustible  ma- 
terial. 


Section  i.  Be  it  eiiaeted  by  the  Senate  and 
House  of  Representatives,  noie  met  and  sitting  in 
General  Assembly,  and  by  the  authority  of  the  same, 
That,  during  the  next  twenty  years,  all  made,  marsh, 
mud,  or  water  lots,  in  the  City  of  Charleston,  situate 
South  of  Calhoun  Street,  and  East  of  that  portion 
of  East  Bay  Street  lying  North  of  Market  Street, 
or  to  the  \\'est  of  Legare,  Savage,  Franklin,  or  Wil- 
son Streets,  or  of  that  portion  of  Smith  Street  from 
Beaufain  to  Calhoun  Street,  shall  be  exempt  from 
the  provisions  of  the  Ordinance  of  the  City  of 
Charleston  to  prevent  the  erection  of  wooden  build- 
ings, and  to  provide  greater  security  against  fires, 
ratified  May  eighth,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-eight ;  and  also 
from  the  provisions  of  the  eighth  section  of  the  Act 
for  re-building  the  City  of  Charleston,  ratified  June 
the  first,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-eight :  Provided,  That  every 
building  to  be  erected  on  any  such  lot  shall  be  cov- 
ered with  slate,  tin  or  some  other  material  not  com- 
bustible :  And  provided  also.  That  after  the  expira- 
tion of  the  said  twenty  years  the  City  Council  of 
Charleston,  or  the  General  Assembly  of  the  State, 
may  cause  to  be  removed  or  taken  down  any  of  such 
wooden  buildings  as  they  may  deem  expedient. 


nrii.Dixcs. 


369 


Sec.  2.     That  the  wooden  buikhngs  whicli  have      wooden    buiid- 
been  erected  on  any  made,  marsh,  mud,  or  water  lots  Ivily.^'^iSs^s!  ^may 
within  the  City,  since  the  eighth  day  of  May  in  the  ^-^^  council    ^^ 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-eight  may  continue  to  stand  so  long  as  the 
City  Council  or  the  General  Assembly  may  not  deem 
it  for  the  public  good  that  they,  or  any  of  them, 
should  be  removed :  Proz'idcd,  however.  That  every      ah  such  buiid- 
such   building  of  more   than   one   story   in   height,   stfry  to%&  m"^ 
shall,    within  the   next   ten   years   be   covered   with  inrstibie'*  material 
slate,  tin  or  some  other  material  not  combustible,   "'"""  *''"  y^"*"- 
and  that  the  City  Council  shall  cause  a  register  to 
be  made  of  such  buildings,  and  shall  take  such  meas- 
ures as  shall  best  carry  into  effect  this  Act:  Pro- 
vided also,  That  nothing  herein  contained  shall  apply 
to  any  suits  or  prosecutions  now  i)en(ling  before  any 
of  the  Courts. 

Sec.  -i.     That  after  the  hrst  dav  of  January,  in      After   ist  jan- 

T  1  '  1        •     1        1  J       J     w^rv,       1862,       no 

the  year  of  our  Lord  one  thousand  eight  hundred   roof  of  any  house 

.  ^       ^  ,  •    1    •       J.1        r^'j.        *o   be   repaired   or 

and  sixty-two,  no  root  of  any  house  witlim  the  uity  renewed  with  any 
of  Charleston  shall  be  repaired  with  any  combustible  r°a7.  "^ ' 
material;  and  whenever  the  roof  of  any  house  shall 
be  repaired  or  renewed  with  any  combustible  mate- 
rial, the  owner  of  the  building,  and  all  persons  who 
shall  make  or  cause  to  be  made  such  repairs  or  un- 
lawful work  shall  respectivelv  be  liable  to  the  penal-      Owner  or  per- 

'-  ^   /-^        •  r     1        /~>'  ■'^""    making    such 

ties  which-  are  enacted  by  the  Ordinance  of  the  City  repairs   liable   to 

.  I'll'  "^  penalty  for  vio- 

Council  above  recited,  against  the  person  building  lating  this  pro- 
or  constructing,  or  causing  to  be  built  or  con- 
structed, a  wooden  building  within  the  limits  of  the 
said  City ;  and  the  person  who  shall  be  employed  in 
making  such  unlawful  repairs  shall  be  subject  to  the 
penalties  enacted  by  the  said  Ordinance  against  per- 
sons employed  in  the  building  or  construction  of  any 
building  contrary  to  the  provisions  of  the  said  Ordi- 
nance. 

Sec.  4.     That  whereas,  wooden  buildings  within 
the   said   City  have  been   raised   on  brick   founda- 


vision. 


370 


BUILDINGS. 


Unlawful  t  o 
raise  wooden 
buildings  on 
brick  foundations, 
or  add  one  or 
more  stories,  un- 
less the  roof  be 
covered  with  in- 
combustible ma- 
terial. 


Penalty  for  any 
violation. 


Exemption 
granted  to  the 
Upper  Wards  by 
Act  of  Assembly, 
December,  1849, 
not  to  be 
abridged. 


tions,  and  it  is  deemed  safer  to  modify  such  prac- 
tice, it  shall  be  unlawful  after  the  first  day  of  March 
next  to  raise  any  wooden  building  on  a  brick  founda- 
tion, or  to  add  one  or  more  stories  thereto,  so  that 
the  roof  shall  be  higher  than  the  top  of  the  building 
as  it  stood  originally  unless  the  roof  shall  be  made  of 
incombustible  material.  And  the  owner  of  any 
building  so  raised  unlawfully,  shall  be  liable  to  the 
same  penalties  which  are  enacted  by  the  Ordinance 
above  recited  against  the  persons  who  shall  build  or 
construct,  or  cause  to  be  built  or  constructed,  any 
wooden  building  within  the  limits  of  the  said  City; 
and  the  persons  employed  in  raising,  unlawfully, 
such  buildings,  shall  be  subject  to  the  same  penalties 
as  persons  employed  in  the  building  or  construction 
of  any  building  contrary  to  the  provisions  of  the 
said  Ordinance,  are  subjected  to  by  the  provisions 
of  the  said  Ordinance. 

Sec.  5.  That  this  Act  is  not  to  be  construed  so 
as  to  abridge  in  any  manner,  the  exemption  granted 
to  the  upper  Wards  of  the  City  of  Charleston,  by 
the  Act  of  the  General  Assembly  entitled,  "An  Act 
to  Extend  the  Limits  of  the  City  of  Charleston," 
ratified  the  nineteenth  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty- 


nine. 


Approved 
March    i,    1870. 


AN     ACT    TO    REPEAL    AN     ORDINANCE    ENTITLED, 

"An  Ordinance  to  prevent  the  erection 
OF  Wooden  Buildings,  and  to  provide 
greater  security  against  Fires,"  and  also 
certain  portions  of  the  Acts  of  the  Gen- 
eral Assembly  referring  to  the  erection 
OF  Wooden  Buildings  in  the  City  of 
Charleston. 

Section    i.     Be   it  enacted   by   the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 


BUILDINGS.  371 

oliiui,   ii<}w  met  and  sitting  in   General  Assembly, 
and  by  the  authority  of  the  same.  That  an  Ordinance  Kepeai. 
entitled,  "An  Ordinance  to  prevent  the  erection  of 
wooden  buildings,  and  to  provide  greater  security 
against  fires,"  passed  by  the  City  Council  of  Charles- 
ton, and  ratified  the  eighth  day  of  May,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty- 
eight,  and  such  Sections  in  the  Act  of  the  General 
Assembly  entitled,  "An  Act  for  rebuilding  the  City 
of  Charleston,"  as  prohibits  the  erection  of  wooden 
buildings  within  its  corporate  limits,  ratified  on  the 
first  day  of  June,  in  the  year  one  thousand  eight 
hundred  and  thirty-eight,  together  with  such  provis- 
ions of  an  Act  entitled,  "An  Act  to  amend  the  laws 
in  relation  to  the  erection  of  wooden  buildings  in 
the    City    of    Charleston,"    ratified    December    the 
twentieth,  in  the  year  one  thousand  eight  hundred 
and  fifty-six,  as  are  amendatory  of  the  Ordinance 
first  aboN^e  mentioned,  be,  and  the  same  are  hereby,   certairn^*io°caiities. 
repealed,  except  as  to  such  portions  of  the  said  City 
of  Charleston  as  are  hereinafter  described,  to  wit : 
All  lots  abutting  on  the  West  side  of  King  Street, 
from  South  Bay  to  Calhoun  Street,  and  all  rear  lots, 
the  entrance  to  which  are  on  said  West  side  of  King  r^escription. 
Street;  all  that  territory  lying  on  the  East  side  of 
King  Street,  and  North  of  South  Bay  Street,  and 
extending  Northerly  as  far  as  Society  Street,  and  to 
Cooper  River  on  the  East,   excepting  such  made, 
marsh,  mud  or  water  lots  as  may  be  located  North  of 
Market  Street  and  East  of  East  Bay  Street ;  also,  all 
that  territory  lying  East  of  King  Street,  running 
Northerly  to  Calhoun  Street,  commencing  at  Society 
Street,  and  Easterly  to  Anson  Street;  all  lots  abut- 
ting on  the  East  side  of  Anson  Street  from  Calhoun 
to    Society    Street,    including    all    rear    lots    with 
entrances  on  said  Anson  Street ;  all  lots  abutting  on 
the  North  side  of  Society  Street,  from  Anson  Street 
running  East  to  Cooper  River,   including  all  rear 


372  BUILDINGS. 

Proviso.  lots     with     entrances     on     said     Society     Street.* 

Provided,  That  every  wooden  building  to  be  erected 
on  any  part  of  the  lots  or  territory  South  of  Calhoun 
Street,  exempted  from  the  operation  of  the  Ordi- 
nances of  said  City,  and  Acts  of  the  General  Assem- 
bly preventing  the  erection  of  wooden  buildings, 
by  this  Act  mentioned,  shall  be  not  less  than  two 
stories  in  height ;  and  that  all  the  inner  walls  of  said 
building,  including  all  partitions  and  ceilings,  shall 
Further  proviso,  be  lathed  and  plastered.  And  provided  further, 
That  said  building  shall  be  covered  with  slate,  tin, 
tiles,  or  some  other  materials  not  combustible.  Any 
person  or  persons  who  shall  erect  any  buildings  on 
any  of  the  lots  or  territory  described  in  the  first 
provision  of  this  Section  as  exempt  from  the  opera- 
tion of  the  Ordinances  of  said  City,  and  Acts  of  the 
General  Assembly,  preventing  the  erection  of 
wooden  buildings  contrary  to  any  of  the  provisions 
of  this  Act,  upon  proof  to  conviction,  shall  be  fined 
in  the  sum  not  less  than  three  hundred,  nor  more 
than  six  hundred  dollars.  And  provided  further. 
That  nothing  in  this  Act  shall  be  construed  as  re- 
pealing any  portion  of  an  Ordinance  entitled,  "An 
Ordinance  to  regulate  the  erection  of  steam-engines 
and  machinery  propelled  by  steam  within  the  City." 
passed  by  the  City  Council  of  Charleston,  and  rati- 
fied the  eleventh  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-five. 

Sec.  2.  All  Acts  or  parts  of  x\cts.  Ordinances  or 
parts  of  Ordinances,  inconsistent  with  this  Act,  are 
hereby  repealed. 


nuiLinxGs. 


373 


AN  ACT  TO  Amend  an  Act  entitled,  "An  Act 
TO  Repeal  an  Ordinance  to  Prevent  the 

ERECTION     OF     WoODEN      BuiLDINGS,     AND     TO 

Provide  Greater  Security  against  Fires, 
AND  ALSO  Certain  Portions  of  the  Acts  of 
the  General  Assembly  Referring  to  the 
Erection  of  Wooden  Buildings  in  the 
City  of  Charleston." 


Approved 
Dec.   23,    1886. 
19    Stat.,    538. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  South  Carolina,  now  met 
and  sitting  in  General  Assembly,  and  by  the  author- 
ity of  the  same.  That  an  Act  entitled,  "An  x\ct  to 
repeal  an  Ordinance  to  prevent  the  erection  of 
wooden  buildings,  and  to  provide  greater  security 
against  fires,  and  also  certain  portions  of  the  Acts  of 
the  General  Assembly  referring  to  the  erection  of 
wooden  buildings  in  the  City  of  Charleston,"  ap- 
proved March  i,  1870,  be,  and  the  same  is  hereby, 
amended  by  striking  out  the  words  "all  lots  abutting 
on  the  \\^est  side' of  King  Street  from  South  Bay  to 
Calhoun  Street,  and  all  rear  lots  the  entrance  to 
which  are  on  said  West  side  of  King  Street,  and  all 
territory  lying  on  the  East  side  of  King  Street  and 
North  of  South  Bay  Street,  and  extending  Northerly 
so  far  as  Society  Street,  and  to  the  Cooper  River  on 
the  East,  excepting  such  made,  marsh,  mud  or  water 
lots  as  may  be  located  North  of  Market  Street  and 
East  of  East  Bay  Street ;  also  all  that  territory  lying 
East  of  King  Street,  running  Northerly  to  Calhoun 
Street,  commencing  at  Society  Street  and  Easterly 
to  Anson  Street ;  all  lots  abutting  on  the  East  side  of 
Anson  Street  from  Calhoun  to  Society  Streets,  in- 
cluding all  rear  lots  with  entrances  on  said  Anson 
Street ;  all  lots  abutting  on  the  North  side  of  Society 
Street  from  Anson  Street  running  East  to  Cooper 
River,  including  all  rear  lots  with  entrances  on  said 


A.  A.  1870,  §  I, 
14    Stat.,    412, 
•     Amended. 


Limits 
ed  in 
Act. 


prescrib- 
former 


374 


BUILDINGS. 


Limit 
amended. 


Society  Street,"  in  the  first  Section  thereof,  and 
inserting  in  Heu  thereof  the  words  "all  lots  abutting 
on  the  East  and  West  sides  of  King  and  Meeting 
Streets  from  Broad  Street  to  Calhoun  Street,  and  all 
rear  lots  the  entrance  to  which  are  on  said  parts  of 
King  Street  and  Meeting  Street ;  all  lots  abutting  to 
the  East  and  West  sides  of  East  Bay  Street  from 
Stoll's  Alley  to  Society  Street,  and  all  rear  lots  the 
entrances  to  which  are  on  said  parts  of  East  Bay 
Street,  and  all  that  territory  lying  to  the  East  of 
East  Bay  Street  from  Stoll's  Alley  to  Society  Street, 
excepting  such  made,  marsh,  mud  or  water  lots  as 
may  be  located  North  of  Market  Street  and  East  of 
East  Bay  Street;  all  lots  on  the  North  and  South 
sides  of  Broad  Street  from  East  Bay  Street  to  King 
Street,  and  all  rear  lots  the  entrance  to  which  are  on 
Consent  of  said  part  of  Broad  Street.  Provided,  That  no 
tenement  building  be  erected  on  any  lot  in  said  City 
without  the  consent  of  the  City  Council  of  Charles- 
ton. Provided  further,  That  the  City  Council  of 
Charleston  shall  have  the  power,  and  they  are  hereby 
authorized  by  Ordinance,  at  any  time  to  permit  the 
erection  of  wooden  buildings  in  all  or  any  part  of 
the  following  described  additional  territory,  to  wit : 
All  lots  abutting  on  the  East  and  West  sides  of 
King  Street  and  Meeting  Street  between  Broad  and 
Queen  Streets ;  all  lots  abutting  on  the  North  side  of 
Broad  Street  and  South  side  of  Queen  Street  be- 
tween Church  and  King  Streets,  and  all  lots  the  en- 
trances to  which  are  on  said  parts  of  King,  Meeting. 
Broad  and  Oueen  Streets."  * 


City    Council. 


City  Council 
may  permit 
wooden  buildings 
in  certain  limits. 


*  This  Act  is  amended  by  inserting  the  words  "and  on  the 
East  side  of  Meeting  Street  and  North  side  of  George  Street 
at  the  Northeast  corner  of  George  and  Meeting  Streets  for  a 
distance  of  112  feet  on  Meeting  Street  and  75  feet  in  depth  on 
George  Street  and  the  same  depth  on  the  north  line  of  said 
lot,"  after  the  words  "all  lots  abutting  on  the  East  and  West 
sides  of  King  Street  and  Meeting  Street,  between  Broad  and 
Queen  Streets,"  in  the  last  proviso.  See  A.  A.  December  19, 
1892.    21  Stat.,  191. 


BUILDINGS. 


375 


AN  ACT  TO  Authorize  the  City  Council  of        Approved 
Charleston  to  ordain  the  Necessary  Or-     is^'^stlt.'.  '298.' 


DINANCES    FOR    THE    PROTECTION    OF    LiFE    IN 

CASE  OF  Fire  or  Accident  in  Buildings  in 
SAID  City. 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South 
Carolina^nozv  met  and  sitting  in  General  Assembly, 
and  b\  the  authority  of  the  same,  That  the  City      cuy      Coundi 

-*  -         '  '  -'     authorized  to  pass 

Council  of  Charleston  be,  and  they  are  hereby  au-  ordinances,    etc., 

/  -^  for    protection    or 

thorized,  to  pass  all  necessary  Ordinances,  rules  and  Hfe  in  cases  of 

.  .  .  .         .  fire,   etc. 

regulations  for  the  protection  of  life  in  cases  of  fire 
or  accidents  in  any  and  all  buildings  in  said  City, 
with  power  to  fix  penalties  for  the  non-observance  of 
such  Ordinances,  rules  and  regulations. 

Sec.  2.     That  the  officers  and  other  persons  who     officers  to  enter 
may  be  appointed  by  the  City  Council  of  Charleston  discharge  of  their 

^  ^^    ,  -.    .  r  1      /-N     1-  1         duties. 

to  execute  the  provisions  of  such  Ordinances,  rules 
and  regulations  shall,  as  far  as  may  be  necessary  for 
the  performance  of  their  respective  duties,  have  the 
right  to  enter  any  building  or  premises  in  said  City 
of  Charleston. 


AN  ACT  to  Prevent  Injury  from  Unsafe  Approved 

Buildings  in  the  City  of  Charleston.  Dec.  23.  1885. 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South 
Carolina,  now  met  and  sitting  in  General  Assembly, 
and  b\  the  authority  of  the  same.  That  if  any  build-    ^  Building 

-  -'       I  •>  structure 

ing,  or  part  of  a  building,  staging  or  other  structure,   ^d  unsafe 
or  anything  attached  to  or  connected  with  any  build- 
ing, or  any  other  structure,  in  the  City  of  Charleston 
shall,  from  any  cause,  be  reported  dangerous  or  un- 
safe, so  as  to  endanger  life  and  limb,  it  shall  be  the 


or 
structure      report- 


376 


BUILDINGS. 


To  be  inspect- 
ed, and  owner  or 
agent    notified. 


Time  allowed 
owner  to  make 
same   safe. 


Immediate   action. 


If     owner 
neglect. 


Survey  to  be 
made  by  three 
jiersons. 


Where  owner 
neglects  to  ap- 
l>oint. 


duty  of  the  Chief  of  PoHce  and  Alayor  of  the  said 
City  to  inspect  such  structure,  and  if,  in  their 
opinion,  the  same  be  dangerous,  they  shall  immedi- 
ately notify  the  owner,  agent,  or  other  party  having 
an  interest  in  said  structure,  to  cause  the  same  to  be 
made    safe    and    secure,    or    removed,    as    may    be 


necessary. 
Sec.  2. 
be   allowed 


The  person  or  persons  so  notified  shall 
until  twelve  o'clock  noon  of  the  day 
following  the  service  of  such  notice  in  which  to 
commence  the  securing  or  removal  of  the  same ;  and 
he  or  they  shall  employ  sufficient  labor  to  remove  or 
secure  the  same  as  'expeditiously  as  can  be  done. 
Provided,  lun^'evcr.  That  in  cases  where  the  public 
safety  requires  immediate  action,  the  Chief  of  Police 
and  Mayor  of  the  said  City  may  enter  upon  the 
premises  with  such  workmen  and  assistants  as  may 
be  necessary,  and  cause  the  said  unsafe  structure  to 
be  shored  up,  taken  down,  or  otherwise  secured 
without  dela}^  and  a  proper  fence  or  boarding  to 
be  put  up  for  the  protection  of  passers-by. 

Sec.  3.  If  the  owner,  agent,  or  other  party  in- 
terested in  the  said  unsafe  structure,  having  been 
notified,  shall  refuse  or  neglect  to  comply  with  the 
requirements  of  said  notice  within  the  time  specified 
in  Section  2,  then  a  careful  survey  of  the  premises 
named  in  said  notice  shall  be  made  by  three  disin- 
terested persons,  one  to  be  appointed  by  the  Chief  of 
Police  and  Mayor  of  the  City,  one  by  the  owner  or 
other  interested  party,  and  the  third  chosen  by  these 
two,  and  the  report  of  such  survey  shall  be  reduced 
to  writing,  and  a  copy  served  upon  the  owner  or 
other  interested  party;  and  if  said  owner  or  other 
interested  party  refuse  or  neglect  to  appoint  a  mem- 
ber of  such  Board  of  Survey,  then  the  survey  shall 
be  made  by  the  City  Engineer  and  the  Chief  of  the 
Fire  Department  of  Charleston,  and  in  case  of  dis- 
agreement, they  shall  choose  a  third  person. 


BUILDINGS. 


}>n 


re- 


Sec.  4.  Whenever  the  report  of  any  such  survey,  continued 
had  as  aforesaid,  shall  declare  the  structure  to  be  *"'''''  "''  "^^'^^*- 
unsafe,  or  dangerous  to  life  and  limb,  the  Chief  of 
Police  and  the  Mayor  of  the  said  City  shall,  upon 
continued  refusal  or  neglect  of  the  owner  or  other 
interested  party,  cause  such  unsafe  or  dangerous 
structure  to  be  taken  down,  or  otherwise  made  safe ; 
and  the  costs  and  charges  shall  become  a  lien  upon  costs  and 
said  estate,  to  be  collected  according  to  law,  but 
without  prejudice  to  the  right  which  the  owner 
thereof  may  have  to  recover  the  same  from  any  lessee 
or  other  person  liable  for  expense  of  repairs. 
Provided,  That  nothing  herein  contained  shall  Proviso. 
authorize  the  recovery  by  the  lessor  of  the  lessee  of 
the  cost  of  any  charges  which  may  have  been  ren- 
dered necessary  through  the  default  or  negligence 
of  the  lessor,  or  through  want  of  repair,  or  defects 
existing  in  said  premises  at  the  commencement  of 
the  lease. 

Sec.    S.     Upon  the  citation  of  any  structure  as      Forfeiture    for 

•J  r  „     .  .  ,     every     davs     neg- 

unsafe  or  dangerous,  by  the  Chief  of  Police  and  lect. 
Mayor  of  the  said  City,  if  the  owner  or  other  inte- 
rested party,  being  notified  thereof  in  writing,  shall 
refuse  or  neglect  to  cause  the  said  structure  to  be 
taken  down,  or  otherwise  made  safe,  said  owner  or 
other  interested  party  shall  forfeit  to  the  use  of  said 
City,  for  every  day's  continuance  of  said  refusal  or 
neglect,  a  sum  not  more  than  twenty  dollars;  said 
sum  to  be  reco\^erable  as  debts  are  now  by  law 
recoverable. 

Sec.  6.  Any  owner  or  other  interested  person  .Tuo  trial. 
aggrieved  by  any  such  order  may,  within  three  days 
after  the  service  thereof  upon  him,  apply  for  a  jury 
to  the  Court  of  Common  Pleas,  if  sitting  in  the 
County,  or  to  any  Judge  thereof  in  vacation.  The 
Court  or  Judge  shall  issue  a  warrant  for  a  jury  to  warrant  for  jury. 
be  empaneled  by  the  Clerk  of  the  Court  within 
fourteen  days  from  the  date  of  the  warrant,  in  the 
25 


378 


BUILDINGS. 


Finding   of  jury. 


Costs    of   trial. 


Trial  not  to 
prevent  other 
rights. 


Building  in 
process  of  erec- 
tion. 


Injunction. 


Building       dan- 
gerous  at    fire. 


manner  provided  in  Section  1551  of  the  General 
Statutes  of  tlie  State. 

Sec.  7.  The  jury  may  affirm,  annul  or  alter  such 
order,  and  the  Sheriff  shall  return  the  verdict  to  the 
next  term  of  the  Court  for  acceptance,  and  being 
accepted,  it  shall  take  effect  as  an  original  order. 

Sec.  8.  If  the  order  is  affirmed,  cost  shall  be 
taxed  against  the  applicant;  if  it  is  annulled,  the 
applicant  shall  recover  damages  and  costs  against 
the  City;  if  it  is  altered  in  part,  the  Court  may  ren- 
der judgment  as  to  cost  as  justice  may  require. 

Sec.  9.  Nothing  contained  in  the  three  preceding 
Sections  shall  be  construed  to  bar  the  right  of  the 
City  to  recover  the  penalty  enacted  in  Section  5 
for  the  continuance  of  the  refusal  or  neglect  of  the 
owner  or  owners,  or  other  interested  party  or  par- 
ties, to  cause  the  structure  in  question  to  be  taken 
down,  or  otherwise  made  safe,  unless  the  order  is 
annulled  by  the  jury;  but  in  default  of  such  annul- 
ment, the  City  shall  have  the  right  to  recover  said 
penalty  from  the  day  of  the  original  notice,  as  en- 
acted in  said  Section. 

Sec.  10.  In  case  the  building  or  structure  cited 
as  unsafe  or  dangerous  shall  be  in  process  of  erec- 
tion, alteration  or  repair,  it  shall  be  lawful  for  the 
Judge  of  the  Court  of  Common  Pleas,  or  any  Judge 
thereof,  either  in  term  time  or  vacation,  to  issue 
forthwith  an  injunction  restraining  further  progress 
in  the  work  on  said  building,  until  the  facts  of  the 
case  shall  have  been  investigated  and  determined,  as 
herein  provided. 

Sec.  II.  If  any  building  in  the  City  of  Charles- 
ton shall  appear,  upon  examination  by  the  Chief  of 
Police  and  Mayor  of  the  said  City,  to  be  specially 
dangerous  to  life  or  limb,  to  members  of  the  Fire 
Department,  or  to  citizens  in  case  of  fire,  by  reason 
of  insufficient  thickness  of  walls,  overloaded  floors, 
defective  construction,  or  other  causes,  such  building 


FIRK     DEPARTMENT. 


379 


shall  be  held  and  taken  to  be  dangerous,  within  the 
meaning  of,  and  subject  to  the  provisions  of  this 
Act ;  and  the  Chief  of  Police  and  Mayor  of  the  said 
City,  besides  proceeding  as  hereinbefore  provided, 
may  affix  a  notice  of  the  dangerous  character  of  the 
structure  to  a  conspicuous  place  on  the  exterior  wall 
of  said  building. 

Sec.  1 2.  Any  person  or  persons  removing  such 
notice  so  affixed,  shall  be  liable  to  a  penalty  of  not 
less  than  ten,  nor  more  than  fifty  dollars  for  each 
and  every  ofifence,  or  to  imprisonment  not  exceeding 
thirtv  da  vs. 


Notice  to  be 
posted. 


Penalty    for    re- 
moving  notice. 


AN  ACT  TO  Punish  Malicious  Interference 
WITH  THE  Fire  Alarm  Telegraph  of  the 
City  of  Charleston. 


Approved 

March    i8,    1878. 

16    Stat.,    505. 


Felony 
jure    any 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  South  Carolina,  nozv  met 
and  sifting  in  General  Assembly^  and  by  the  author- 
ity of  the  same.  That  from  and  after  the  passage  of 
this  Act,  any  person  or  persons  who  shall  wilfully 
and  maliciously  interfere  with,  cut  or  injure,  or  who  telegraph. 
shall  maliciously  attempt  to  interfere  with,  cut  or 
injure  any  pole  or  poles,  wire  or  wires,  insulator  or 
insulators,  alarm  box  or  alarm  boxes  of  the  fire 
alarm  telegraph  of  the  City  of  Charleston,  or  any  of 
the  appliances  or  apparatus  connected  therewith, 
shall  be  deemed  guilty  of  a  felony,  and,  upon  con- 
viction, shall  be  sentenced  to  hard  labor  in  the  State 
Penitentiary  for  a  term  not  less  than  three,  nor  more 
than  ten  yearss.  Provided,  That  nothing  in  this 
Act  shall  apply  to  the  Superintendent  of  said  fire 
alarm  telegraph,  or  to  his  agents  or  servants,  whilst 
discharging  their  duties  as  such. 


to     Ill- 
part    of 


Proviso. 


380 


i-"IRK      IIKI'ART.MKNT. 


Approved  AN  ACT  TO  AUTHORIZE  AND  EMPOWER  THE  ChIEF 

^r'stat!,S.'  <>i'  'fHE  Fire  Department  of  the  City  of 

■  Charleston    to    investigate    and    inquire 

INTO   T?IE   origin    OF    FIRES   OCCURRING   IN    THE 

City  of  Charleston. 

Be  it  citacicd  by  the  Srnatc  and  House  of  Repre- 
sentatii'es  of  the  State  of  South  Carolina,  uozv  met 
and  slttiui^  in  General  Assembly,  and  b\  the  author- 
ity of  the  same.  That  from  and  after  the  passage  of 
this   Act,   it   shall   he  the  duty  of  the  Chief  of  the 
chiet    ot    Fire    Fire  Department,  or,  in  case  of  his  absence,  one  of 
exlm[ix"Tause  oi    the  Assistant  Chiefs  of  the  Fire  Department  of  the 
City  of  Charleston,  to  examine  into  the  cause,  cir- 
cumstances and  origin  of  any  fire  occurring  in  the 
City  of  Charleston,  by  which  an}-  l)uilding,  vessels, 
vehicles,  or  any  valuable  personal  property  shall  be 
accidentally     or    unlawfully   burned,    destroyed    or 
damaged,    whollv     or    ])artially,    and    to    especially 
inquire  and  examine  whether  the  fire  was  the  result 
of  carelessness,   or  the  act  of  an  incendiary;  shall 
take  the  testimony,  on  oath,  of  all  persons  supposed 
to  be  coefnizant  of  anv  facts,  or  to  have  means  of 
knowledge  in  relation  to  the  matters  herein  required 
to  be  examined  and  incpured  into,  and  cause  the  same 
to  be  reduced  to  writing,  \erified  and  transmitted  to 
Report      to    the  Chief  of  Police  of  the  said  City,  with  his  report 

Chief    of    Police.  .    .  ,        ,     •  i    •  ■     •        '  i  i        • 

in  wntmg  embodymg  his  opinions  and  conclusions 
in  relation  to  the  matter  investigated.  That  for  the 
purpose  of  making  the  examination  and  investiga- 
tion herein  provided  for,  the  said  Chief,  or  the 
.Assistant,  as  the  case  may  be,  shall  have  power  to 
issue  a  notice  in  the  nature  of  a  subpoena,  in  such 
form  and  subscribed  in  such  manner  as  the  Recorder 
of  the  City  of  Charleston  shall  prescribe,  to  compel 
Witnesses   may    the  attendance  of  any  i)erson  as  a  witness  before 

be    summoned.  .  ...  ,'  ..  1'1"„U,. 

him  to  testifv  in  relation  to  any  matter  which  is,  by 


FIKK     l>i:i'.\l<l'.\lKi\T. 


381 


the  provisions  of  this  Act,  a  snhject  of  inquiry  and 
investigation  hy  the  said  Chief,  or  his  Assistant,  as 
the  case  may  be;  and  the  Chief,  or  the  Assistant 
Chief,  be,  and  are  hereby  authorized  to  administer 
and  verify  oaths  and  affirmations  to  persons  appear- 
ing as  witnesses  before  him ;  and  false  swearinp-  in    ,  I'^'sf    swearing 

^  .  _  c  deeiTied       perjury, 

any    matter    or    proceeding    as    aforesaid    shall    be   ■i"'!   punished  as 

-^  .  ^  ^  .  such. 

deemed  perjury,  and  shall  be  punishable  as  such. 
That  u]K)n  the  presentation  of  satisfactory  proof  of 
due  service  of  any  such  notice  in  the  nature  of  a 
subpoena  upon  any  such  witness,  and  of  a  failure  by 
such  witness  to  obey  the  same,  it  shall  be  the  duty  of 
the  said  City  Recorder  to  make  an  order  that  the  said 
witness  be  arrested  and  brought  before  the  said 
Chief,  or  the  Assistant  Chief,  as  the  case  may  be,  witnesses  may 
to  testify  what  such  witness  may  know  in  relation  to 
the  subject-matter  of  inquiry ;  such  order  may  be 
executed  by  any  member  of  the  police  force  of  the 
City  of  Charleston,  by  arresting  and  bringing  such 
witness  before  the  said  Chief,  or  Assistant  Chief,  as 
the  case  may  be,  but  such  witness  shall  not  be  de- 
tained longer  than  is  necessary  to  take  such  testi- 
mony. That  the  said  Chief,  or  Assistant  Chief, 
shall  have  authority  at  all  times  of  the  day  or  night, 
in  performance  of  the  duties  imposed  by  the  provis- 
ions of  this  Act,  to  enter  upon  and  examine  any      Power  to  enter 

.  1  c  1      11      1  buildings  or  prem- 

buddmg    or    premises    when    any    hre    shall    have  ises. 

occurred,  and  the  buildings  adjoining  and  near  to 

that  in  which  the  fire  occurred.     That  it  shall  be  the      May  detail 

duty  of  the  Chief  of  Police  of  said  City  to  detail  any   cwf.''" 

members  of  the  police  force  to  aid  the  said  Chief  or 

Assistant  Chief  in  carrying  out  the  provisions  of 

this  Act. 


382 


BOARD     OF    HEALTH. 


Board  of  Health. 


Approved 

Dec.     21,     1883. 

XVIII  Stat.,  291. 


Duties  of  exist- 
ing Boards  of 
Health  and 
others  hereafter 
appointed,  as  to 
adulteration  of 
food. 


As  to  unwhole- 
some meat,  vege- 
tables   or    frtiits. 


As  to  nuisances. 


As  to  epidemic 
or  contagious  dis- 
eases. 


As   to   quarantine. 


As   to    slaughter 
of   cattle,    etc. 


As  to  offal,  etc. 


.\s  to  nuisan- 
ces in  highways, 
or  any  other 
place,  public  or 
private. 


As      to      sewers 
and  garbage. 


As       to       lining 
low    lots. 


Code  of  South  Carolina,    1902. 

Sec.  1 108.  It  shall  l)e  the  duty  of  all  existino- 
Boards  of  Health,  also  of  all  that  may  hereafter  be 
appointed  under  this  Act,  to  aid  the  municipal 
authorities  in  the  enforcement  of  all  State  laws  as  to 
the  adulteration  of  all  kinds  of  food  and  drink,  and 
to  prevent  the  sale  or  the  exposure  for  sale  of  anv 
kind  of  meat,  or  veg-etables  or  fruits,  or  other  arti- 
cles of  food  that  are  unwholesome  or  unfit  for  food, 
and  also  to  define  and  declare  what  shall  be  nuisances 
to  health  in  lots,  streets,  docks,  ponds,  wharves, 
piers,  vessels,  and  all  public  or  private  places  in  such 
city  or  town,  or  in  any  part  thereof;  and  to  prevent 
the  spread  of  dangerous  epidemic  or  contagious 
diseases  in  such  city  or  town,  or  in  any  part  thereof, 
and  also  to  maintain  and  enforce  a  proper  quaran- 
tine, whenever  this  may  be  deemed  expedient  or 
necessary  by  the  State  Board  of  Health,  and  ap- 
proved by  the  Governor;  and  to  regulate  and  con- 
trol the  keeping  or  slaughter  of  all  kinds  of  cattle, 
sheep,  goats  and  swine,  or  other  animals,  in  any  city 
or  town,  or  in  any  part  thereof ;  and  to  regulate 
and  prohibit  the  accumulating  of  offal  and  all  decay- 
ing or  injurious  vegetables  or  other  substances  in  any 
place  in  such  city  or  town,  public  or  private ;  and  to 
prohibit  and  remove  any  nuisance  or  offensive  matter 
in  any  public  highway,  road,  street,  or  other  place, 
public  or  private,  in  such  city  or  town,  and  to  cause 
the  removal  of  the  same  at  the  expense  of  the  owner 
thereof,  if  he  decline  to  remove  it  after  notice  to  that 
effect ;  and  to  regulate  and  control,  or  prohibit  the 
cleansing  of  sewers  and  the  dumping  of  garbage,  or 
using  of  noxious  or  unsuitable  material  for  fill- 
ing town  lots,  marshes,  ponds,  and  other  places,  and 
to  provide  for  filling  of  sunken  or  low  lots,  and  other 
places,  in  any  part  of  said  city  or  town. 


BOARD    OF    HEALTH.  ^^^ 

Sub-Boards  constituted  as  i)r()vided  in  Section 
T087,  and  local  Boards  of  Health,  are  charged  with 
the  duty  of  investig'ating-  within  their  districts  all 
matters  of  sanitary  interest  or  scientific  importance 
bearing  in  anywise  upon  the  protection  of  the  public 
health,  and  shall  report  to  the  Executix'e  Committee 
at  such  times,  and  in  such,  manner  and  form  as  the 
Executive  Committee  may  prescribe. 

Sec.    1 109.      \\'hene\er  such  nuisance,  source  of      Powers  of  the 

r        1  r       •    1  1  1  ,  11-        Boards   of   Health 

toulness,  or  cause  of  sickness,  hazardous  to  public  to  require  muni- 
health,  shall  be  found  on  private  property,  the  Board  t?^' aba^te'''°nS 
of  Health  of  the  city  or  town  within  whose  limits  ^rpubiic'^heaur' 
it  may  be,  shall  at  once  notify  the  municipal  author- 
ities,  who  shall  recjuire  the  owner  to  remove  and 
abate     the     same     at     his     own     expense,     within 
such    time    as    the    Board    ma}^    deem   the  public 
health  to  rec|uire,  a  duplicate  of  the  notification  being 
left  with  one  or  more  of  the  tenants  or  occupants. 
If  the  owner  or  agent  is  unknown,  resides  out  of  the      if    owner    ab- 

c^.     .  ,*"  11-11  •  1-1        sent,     how    notice 

State,  or  cannot  be  reached  with  the  notice  speedily  is  to  be  served, 
enough   for  the  necessities  of  the  public  health,   a 
notice  left  at  the  house  or  premises  with  the  tenant 
or  occupant,  or  published  in  a  newspaper  printed  in 
the    County,    and    if   there    is    no    such    newspaper, 
posted   on   the   door  of  the  Court   House  or   Post 
Oftice,  shall  sufiice ;  and  if  the  owner  thus  notified      Proceedings  up- 
shall    not   comply    with    such    notification   or   order  pfy  wiHi  notifira- 
within  the  time  specified,  the  municipal  authorities 
shall   proceed   to   remove   said   nuisance,   source   of 
foulness,  or  cause  of  sickness,  hazardous  to  public 
health,  and  shall  have  a  right  to  recover  the  expenses 
incurred  in  such  remo^■al  from  any  person  or  per- 
sons who  shall  have  caused,  or  allowed  the  same.      Expenses  to  be 

paid      by      person 

or     from    any    occupant    or    tenant    of    premises,  musing  nuisance, 
or     in     case     it     affect     the     freehold,     from     the 
owner,     who,     after     notice     as     aforesaid,     shall 
have  failed  to  remove  such  nuisance,  source  of  foul- 
ness or  cause  of  sickness,  hazardous  to  the  public 


384 


BOARD    OF    H?:ALTH. 


health,    within    tlie    time    specified    in    such    notice. 
Nothing"  herein  contained  shall   lie  held  to  har  an 
action  for  damages  by  such  owner,  occupant  or  ten- 
ant, for  unlawful  proceedings  in  the  premises. 
Power  of  Board        Sec.   1 1  t  o.     Auv    Board    of    Educatiou,    School 

Education,   School      ^^  i'         i        i       i  •  i       r  r 

Trustees,  &c.,  to     1  rustccs  or  aiiy  other  body  havmg  control  of  anv  of 

prevent  the  spread      ,,  i  i  ^      r  ^1  l  / 

of   contagious   or   the  schools,  may,  on  account  of  the  prevalence  of  any 

infectious        dis-  .•  •      r       ^  ■  ^■  ,  j     .^' 

eases.  coutagious  or  mfcctious  disease,  or  to  prevent  the 

spread  of  any  such  disease,  prohibit  the  attendance 
of  any  teacher  or  scholar  upon  any  school  under 
their  control,  and  may  specify  the  time  such  teacher 
or  scholar  shall  remain  absent,  or  they  shall  re- 
(|uire  a  satisfactory  certificate  from  one  or  more  rep- 
utable practicing  physicians  that  such  attendance  is 
no  longer  attended  with  risk  to  others  attending 
school,  and  may  also  prohibit  the  entrance  into  or 
attendance  at  any  school  of  all  unvaccinated  persons 
who  have  not  had  the  smallpox.  The  said  Board  of 
Control  or  Trustees  may  also  require  vaccination  of 
any  or  all  teachers,  scholars  and  attendants,  if  a  case 
of  smallpox  has  occurred  in  the  cit}-  or  town. 


I 


Approved. 
Dec.    IS,    1892. 
21    Stat.,    no. 


AN  ACT  TO  Amend  Section  1026  of  the  Gen- 
eral Statutes  Relating  to  the  Public 
Schools  in  the  City  of  Charleston. 


Section    1026  of 


Section  i.  Be  if  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, iiozi'  met  and  sitting  in  General  Assembly,  and 
bv  the  authoritv  of  the  same.  That  Section  1026  of 

seciion    io::o    ui  -  ,     r^      '  r      t    ■       c^  i 

General    Statutes    the  General  Statutes  of  this  State,  wherein  provision 

amended   so   as   to     .  i        /--•,       -r-.  i       r  o    i  i   /^  •       • 

pay  City  Treasu-    IS  made  for  the  City  Board  of  School  Commissioners 

rer    $500,    instead  ,-    .1         /--■■  r    r^-i         ^       ,  1  •     1    1  •  '1 

of  $1,000,  for  re-    ot  the  City  of  Charleston,  and  a  special  levy  in  aid 

bursi'Jfg  "'^  school    of  the  City  Schools,  be  amended  by  striking  out  the 

^""'''  last  sentence  in  said  Section,  which  is  as  follows: 

"The  City  Treasurer  shall  receive  out  of  this  fund 

one  thousand  dollars  annuallv  for  all  services  in  re- 


BOARD    Ol"    lIIiALTH. 


385 


ceiving  and  disbursing  tlie  School  fund,"  and  by 
inserting  in  lieu  thereof  the  following :  The  City 
Treasurer  shall  receive  out  of  this  fund  annually  for 
his  compensation  for  all  services  in  receiving  and 
disbursing  the  School  fund  the  sum  of  five  hundred 
dollars. 


Interments  and  Cemeteries. 


A^J     ACl      TO    AUTHORIZE     TlIK     CiTY     CoUNCIL     OF        Ratified. 

„  T-,  T  ^^^-    '9.    1849- 

Charleston  to  Prevent  Interments  in  the  xi  stat..  sss. 


SAID  City  without  a  proper  Certificate 
OF  THE  Disease  of  which  the  Deceased 
Died,  and  for  other  Purposes. 


Section  i.  Be  it  enacted  by  the  Senate  a)id 
House  of  Representatives,  non'  met  and  sitting  in 
General  Assembly,  and  by  the  authority  of  the  same, 
That  from  and  after  the  passing  of  this  Act,  the  City 
Council  of  Charleston  shall  be,  and  is  hereby  author- 
ized, to  prevent  interments  within  the  corporate 
limits  of  the  said  City  of  Charleston,  without  a 
proper  certificate  of  the  disease  of  which  the  deceased 
died,  and  to  pass  all  Ordinances  necessary  to  prevent 
the  same. 

Sec.  2.  And  the  said  City  Council  of  Charles- 
ton are  further  authorized  and  empowered  to  require 
physicians  and  coroners,  under  a  penalty,  to  give 
such  certificates ;  and  they  are  also  empowered  to 
establish  a  more  effectual  system  for  the  registra- 
tion of  births,  deaths,  and  marriages,  within  the 
said  City. 


City  Council  au- 
thorized to  pre- 
vent interments 
without  a  proper 
certificate,  and  to 
pass  Ordinances 
to  prevent  the 
same. 


Empowered  to 
require  physicians 
and  coroners  to 
give    certificates. 


386 


BOARD    OF    HEALTH. 


Approved 
Dec.    21,    1880. 
.XVII    Stat.,    331. 


AN  ACT  TO  Amend  and  Enlarge  an  Act  en- 
titled "An  Act  to  authorize  the  City 
Council  Of  Charleston  to  Prevent  Inter- 
ments IN  THE  SAID  City,  without  a  proper 
Certificate  of  the  Disease  of  which  the 
Deceased  Died,  and  for  other  purposes," 
BEING  Act  No.  3083,  approved  December  19, 
1849. 


Hearse 
to  give 
cate. 


keepers 
certifi- 


Certificates  to 
be  entered  in  a 
book. 


Penalty. 


Be  if  enacted  by  the  Senate  and  Honse  of  Rep- 
resentatives of  the  State  of  South  Carolina,  now  met 
and  sitti}ig  in  General  Assembly,  and  by  the  author- 
ity of  the  same.  That  the  Act  of  the  General  Assem- 
bly of  the  said  State,  entitled  "An  Act  to  authorize 
the  City  Council  of  Charleston  to  prevent  interments 
in  the  said  City  without  a  proper  certificate  of  the 
disease  of  which  the  deceased  died  and  for  other 
purj)oses,''  being  Act  No.  3083,  approved  December 
19.  1849,  ^^^'  ^^^'■^  tl^s  same  is  hereby,  amended  by 
adding  the  following  Section  to  said  Act,  to  wit : 

Sec.  3.  No  person  having  charge  of  any  cem- 
etery, vault  or  other  burial  ground  within  two  miles 
of  the  limits  of  the  City  of  Charleston,  shall  inter, 
or  permit  to  be  interred  therein  any  dead  body,  until 
lie  shall  have  first  received  from  the  hearse-keeper 
or  other  person  offering  such  body  for  interment 
such  certificate  as  is  now  or  may  hereafter  be  re- 
quired by  the  Ordinances  of  the  City  of  Charleston, 
to  be  delivered  with  dead  bodies  interred  within  the 
limits  of  the  City  of  Charleston.  And  it  shall  be  the 
dutv  of  such  person  in  charge  of  any  such  place  of 
burial  to  enter  such  certificate  or  certificates  in  a 
book  to  be  kept  by  him  for  that  purpose,  and  to  de- 
liver the  original  certificate  or  certificates  each  day, 
as  received,  to  the  Register  of  the  City  of  Charles- 
ton ;  and  for  any  and  every  violation  of  this  Section, 
such  keeper  shall  forfeit  and  pay  for  the  use  of  the 


LOW    LOTS.  3^7 

City  Council  of  Charleston  the  sum  of  fifty  dollars, 
to  be  recovered  l)y  action  in  any  court  of  competent 
jurisdiction. 

Lozv  Lots. 

Ratified 

AN  ACT  TO  Appoint  a  Board  of  Commissioners   vii  stat.,  iVe. 


FOR  THE  City  of  Charleston,  with  Power 
AND  Authority  to  Declare  in  What  Cases 
THE  Streets.  Lanes  and  Alleys  of  the 
City  shall  be  Widened,  and  to  Provide  for 
Carrying  into  Execution  the  Objects  of 
THE  said  Board,  and  for  other  purposes 
therein  mentioned. 

City      Council 

S„,  ^  '1^1      .     ii         i~"A.        /  '  •!        r    >.i         /'•■j.       authorized  to  com- 

ECTiON  4.       1  hat  the  City  Council  ot  the  City   |.ci    owners    of 

of  Charleston  shall  have  full  power  and  authority,  iTfiiMhe^same^"' 
with  the  concurrence  and  approbation  of  the  Board 
appointed  by  the  Legislature,  to  compel  the  owners 
of  low  lots  \\'ithin  the  said  Cit};  to  drain  the  same 
if  such  drainage  be  practicable,  or  to  fill  the  same 
to  the  level  of  the  streets  on  which  such  lots  are 
fronting ;  also  to  compel  the  owner  or  owners  of 
cellars  occasionallv  filled  with  water,  to  cause  the 
same  to  be  punped  out  or  otherwise  carried  off 
within  five  days,  or  to  fill  up  the  same  if  deemed 
requisite  by  the  Commissioners  appointed  by  this 
Act,  within  two  weeks  from  the  notification  being 
given  in  writing  to  such  owner  or  owners ;  and  in 
case  of  neglect  or  default  they  shall  be  subject  to 
such  penalty  as  shall  be  prescribed  by  the  City  Coun- 
cil ;  and  in  case  the  owner  or  owners  of  such  lot  or 
lots,  or  cellars,  upon  such  notice  being  given,  shall 
neglect  or  refuse  to  fill  up  such  lot  or  lots,  or  cause 
the  water  in  their  cellars  to  be  pumped  out,  or  other- 
wise carried  off,  the  same  shall  be  done  by  the  City 
Council;  and  they  are  hereby  authorized  and  em- 
powered to  issue  a  warrant  and  collect  the  expenses 


388 


LOW    LOTS. 


arising-  from  the  same,  or  the  accrued  vahie  of  such 
lots. 


Ratified 
Dec.    19,   1827. 
VII  Stat.,  143. 


.\N  ACT  TO  Amend  an  Act  entitled  "An  Act 
TO  appoint  a  Board  of  Commissioners  for 
THE  City  of  Charleston,  with  power  and 
authority  to  declare  in  what  cases  the 
Streets,  Lanes,  and  Alleys  of  the  City 
shall  be  widened,  and  to  provide  for  car- 
rying into  execution  the  objects  of  the 
said  Board,"  and  for  other  purposes  there- 
in mentioned. 


Preamble.  Whereas,  bv  the   fourth   Scction  of  an   Act  of 

the  General  Assembly  of  this  State,  passed  the  sev- 
enteenth of  December,  in  the  year  one  thousand 
eight  hundred  and  seventeen,  entitled  "An  Act  to 
appoint  a  Board  of  Commissioners  for  the  City  of 
Charleston,  and  for  other  purposes  therein  men- 
tioned," it  was  provided  that  the  said  Board  of 
Commissioners  should  concur  in  the  exercise  of  the 
powers  therein  granted  to  the  City  Council  of 
Charleston,  in  relation  to  low  lots  and  cellars  within 
the  City  of  Charleston ;  and.  whereas,  it  has  been 
frequently  found  impracticable  to  obtain  a  meeting 
and  concurrence  of  the  said  Board  when  it  was 
necessary  to  act  with  promptness  : 
Authority   for        Section   1.     Bc  it  cuGCtcd ,  That  so  much  of  the 

filling  up  low  lots 

and  cellars  vested    fourth  Scctiou  of  the  Act  aforcsaid  as  requires  the 

exclusively   in  the 

City  Council.  concurrence  of  the  Board  of  Commissioners  in  the 

exercise  of  the  powers  therein  specified,  be,  and  the 
same  is  hereby  repealed ;  and  that  all  the  power  and 
authority  aforesaid,  be,  and  the  same  is  hereby 
vested  exclusivelv  in  the  Citv  Council  of  Charleston. 


LOW    LOTS. 


389 


AN    ACT    TO    AUTHORIZE    THE    CiTY    COUNCIL    OF        Ratified 

Charleston    to    fill    up    Low    Lots    and  "^c.  is.  1830. 
Grounds  in  the  City  of  Charleston,  in  cer- 
tain cases,  and  for  other  purposes. 


Section    1.     Be   it  enacted,    Ihat  whenever  the      i-""    lots  in  a 

^,.  „  -1        r   /M         1  1      11    1  r  ■     ■  ,  "^tate  of   nuisance 

Lity  Council  01  Charleston,  shall  be  of  opinion  that  to  be  filled  up- 
any  lots  or  g-rounds  within  the  City  of  Charleston, 
belonging-  to  any  person  or  persons,  body  or  bodies 
corporate,  are  in  a  state  of  nuisance,  or  so  situated 
that  in  warm  and  unhealthy  seasons  a  nuisance  may 
thereby  be  created,  and  the  health  of  the  citizens 
endangered ;  or,  whenever  the  land  or  streets  in  the 
vicinity  of  said  lots  may  become  liable  to  injury 
therefrom;  the  City  Council  of  Charleston  shall 
have  full  power  and  authority  to  cause  a  notice  to  be  ^et^ed*^*'on'''own^ 
served  on  the  owner  or  owners  of  such  lots  or  '^'''^■ 
grounds,  directing  him  or  them  to  have  the  same 
filled  up  to  such  extent,  in  such  manner,  with  such 
materials  and  within  such  reasonable  time  as  may 
be  prescribed  in  such  notice ;  and  in  case  the  owner 
or  owners  of  such  lots  or  grounds  shall  neglect  or  re- 
fuse to  fill  up  said  lots  or  grounds  in  conformity  with 
said  notice,  that  then  the  said  City  Council  are 
hereby  authorized  and  empowered  to  have  such  lots 
and  grounds  filled  up  to  such  extent,  and  in  such 
manner,  as  they  may  think  fit. 

Sec.  2.  All  expenses  and  charges  paid  or  in- 
curred by  the  said  City  Council,  in  case  such  lots 
or  grounds  shall  be  filled  up  under  their  authority  r,„nmon  pilas.° 
and  direction,  as  aforesaid,  shall  and  may  be  recov- 
ered, with  interest  and  cost  of  suit,  in  an  action  of 
debt,  to  be  brought  by  said  City  Council  in  the  Court 
of  Common  Pleas,  against  the  owner  or  owners 
of  such  lots  or  grounds :  Provided,  The  said  ex- 
penses and  charges  do  not  exceed  more  than  half 
the  value  of  said  lots  or  grounds. 


l-^xpenses  for 
filling  up  such 
lots  to  be  recover- 


390 


LOW    ],01S. 


Approved 
Dec.   21,    1883. 
18    Stat.,   287. 


AN    ACT    TO    AMEND   AN    ACT   ENTITLED    "An    AcT 
TO        AUTHORIZE        THE        CiTV        COUNCIL        OF 

Charleston    to    fill    up    Low    Lots    and 
Grounds   in    the   City   of   Charleston    in 

CERTAIN  CASES,  AND  FOR  OTHER  PURPOSES. 


Section  i.  Be  it  enacted  by  tlie  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, no7c  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same,  That  an  Act  entitled 
'*An  Act  to  authorize  the  City  Council  of  Charles- 
ton to  fill  up  low  lots  and  grounds  in  the  City  of 
Charleston  in  certain  cases,  and  for  other  purposes," 
be,  and  the  same  is  hereby  amended  by  adding  to 
Section  II  of  said  Act  the  following  words,  to  wit : 
Provided,  further.  That  if  the  estimated  expenses 
and  charges  of  filling  said  lots  or  grounds  shall  ex- 
when    City   cccd  morc  than  half  the  value  thereof,  then  and  in 

Council   may   con-        ,  ,  .,,-,.         ^^  .,        ^    ^^,         ,  in 

demn  lots  to  be  that  cvcnt  the  Said  City  Council  of  Charleston  shall 
have  power,  and  they  are  hereby  authorized,  to  con- 
demn the  said  lot  or  lots,  and  upon  paying  to  the 
owner  or  owners  the  price  that  may  be  fixed  therefor 
as  hereinafter  provided  the  title  thereof  shall  vest  in 
the  said  City  Council  of  Charleston,  who  shall  pro- 
ceed to  abate  the  said  nuisance  and  sell  the  said  lot 
or  lots  and  reimburse  themselves  for  all  expenses 
and  charges.  That  for  the  purpose  of  such  con- 
demnation the  City  Council  of  Charleston  shall  file 
a  petition  in  the  City  Court  of  Charleston  setting 
forth  the  necessity  of  filling  such  lots,  and  that  the 
owner  or  owners  have  refused  or  failed  to  fill  the 
same  upon  being  notified  as  provided  by  law,  and 
that  the  estimated  cost  of  filling  the  same  will  exceed 
more  than  half  the  value  of  said  lot,  a  copy  of  which 
Judge  of  City  petition  shall  be  ser^•ed  upon  the  owner  or  owners 
a °-urv ^t'o  felhe  '^^  ^^^'^  ^^^  ^^  summous  arc  now  served  in  cases  at 
value"    of     said    j,^         T\\?i\.  tlic  Ltdgc  of  Said  Citv  Court  shall  there- 

lots.  .'         c-> 


How  such  con- 
d  e  m  n  a  tion  ia 
made. 


ORPHAN     HOUSE. 


391 


upon  cause  a  jury  to  proceed  to  fix  the  value  of  said  How  to  be  paid 

lot  or  lots  to  be  paid  by  the  City  Council  of  Charles-  ^°^- 

ton. 

Orphan-House. 

AN  ACT  TO  VEST  IX  THE  Camden  Orphan  Soct-  ^Rat'^ed 

IJec.   21,   1799. 
ETY,,     AND     IN     OTHER     CHARITABLE     SOCIETIES     


THEREIN    MENTIONED,    THE    EsCHEATED    PROP- 
ERTY  THEREIN    MENTIONED. 

Section    15.     Be    it    enacted.    That   all    the    es-      Escheated  prop- 
cheated  property  in  the  two  Parishes  of  St.  Philip  city  Coundi  for 
and    St.    Michael,    now    escheated,    or   wdiich   shall  0'-p''-"-h°"««- 
hereafter  be  escheated  to  this  State,  situated  in  the 
said  Parishes,  not  exceeding  fifty  thousand  dollars,* 
shall  be  and  the  same  is  hereby  vested  in  the  City 
Council  of  Charleston,  for  the  benefit  of  the  Orphan- 
House  of  Charleston ;  and  the  said  City  Council  of 
Charleston   shall   be,    and   they   are   hereby,    vested 
with  all  the  powers  necessary  for  escheating,  selling, 
and  appropriating  the  said  property  for  the  benefit 
of  the  Orphan-House. 


AN   ACT  TO  AUTHORIZE  the  City   Council  of      Ratified 
Charleston  to  ascertain  and  define  the  Rf'^stit.'.  'im!" 
Wards  within  the  City,  to  appoint  an  Es- 
cheator,  and  for  other  purposes  therein 
mentioned. 

Section  2.  And  be  it  further  enacted  by  the 
authority  aforesaid,  That  the  City  Council  of 
Charleston  be,  and  they  are  hereby  authorized,  as 
escheators,  to  appoint  a  deputy  escheator. 


*  Amended  to  $100,000  by  A.  A.  1878,  16  Stat.,  731,  inserted 
below. 


392 


POLICE, 


Ratified 
Dec.    23,    1878. 
16  Stat.,  731. 


AN  ACT  TO  AMEND  AN  AcT  ENTITLED  "An  AcT 
TO  VEST  IN  THE  CaMDEN  OrPHAN  SoCIETY, 
AND  IN  OTHER  CHARITABLE  SOCIETIES  THERE- 
IN MENTIONED,  THE  EsCHEATED  PROPERTY 
THEREIN  mentioned/'  PASSED  2 1  ST  DECEM- 
BER,   1799. 


Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, nozu  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same.  That  Section  fifteen 
of  an  Act  entitled  "i\n  .Vet  to  vest  in  the  Camden 
Orphan  Society,  and  in  other  charitable  societies 
therein  mentioned,  the  escheated  property  therein 
mentioned,"  passed  on  the  twenty-first  day  of  De- 
cember, 1799,  be  amended  by  striking  out  the  word 
"fifty"  from  the  fourth  line  of  said  Section,  where 
it  occurs  after  the  word  "exceeding,"  and  inserting 
in  lieu  thereof  the  words  "one  hundred." 


Police. 


Ratified 
Dec.    19,    1855. 
XII  Stat.,  421. 


Police  officers 
authorized  to  ar- 
rest without  war- 
rant persons  vio- 
lating any  laws 
of  the  State. 


.\N  ACT  TO  Enlarge  the  Powers  of  the  Com- 
missioned Officers  of  the  City  Guard,  and 
Police  Officers  of  the  City  of  Charles- 
ton. 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives,  nozu  met  and  sitting  in 
General  Assembly,  and  by  the  authority  of  the  same, 
That  any  commissioned  officer  of  the  City  Guard, 
or  any  of  the  police  officers  of  the  City  of  Charles- 
ton, shall  have  power  to  arrest,  without  a  warrant, 
any  person  or  persons,  within  the  corporate  limits 
of  the  said  City,  who  shall,  at  any  time,  be  engaged 
in  violating  any  of  the  laws  of  the  State:  or  any  one 


POLICE. 


393 


who  has  been  engaged  in  such  violation,  and  who 
flies  and  is  immediately  pursued ;  and  every  such 
officer  of  the  City  Guard  shall  have  authority,  upon 
hearing  loud  and  tumultuous  noises,  leading  to  the 
apprehension  of  riot  or  breach  of  the  peace  within 
any  house  or  enclosure  in  the  City,  to  enter  without 
warrant,  and  with  such  force  as  may  be  necessary, 
the  house  or  enclosure  wherein  such  noises  are 
heard. 

Sec.  2.  That  any  privates  of  the  City  Guard, 
or  other  citizens,  who  may  in  the  cases  provided  for 
in  this  Act,  be  called  in  to  the  assistance  of  such 
commissioned  officer  of  the  City  Guard,  shall  be  en- 
titled to  all  the  immunities  and  exemptions  intended 
to  be  secured  to  the  officers  aforesaid. 


Authorized  to 
enter  any  house, 
without  a  war- 
rant, upon  hear- 
ing loud  and  tu- 
multuous noises. 


Privates  of  the 
police  and  citi- 
zens called  to  the 
assistance  of  such 
officers  entitled  to 
the  immunities 
and  exemptions 
secured  to  sucli 
officers. 


AN  ACT  TO  Extend  the  Duties  and  Powers     Approved 

_  ^  „  iJcc.   24,    iSS;. 

OF  THE  City  Council  of  Charleston  over    xix  stat.,  19^. 


certain  Contiguous  Territory  of  Charles- 
ton County. 


Whereas,    The    State    Road    between    the    City   preambles. 
Boundary  of  Charleston  and  the  County  line  is  a 
thoroughfare  constantly  in  use  by  the  citizens  of 
Charleston  for  the  purpose  of  recreation,  exercise 
and  pleasure,  as  well  as  of  business ;  and 

Whereas,  It  is  important  that  every  precaution 
be  taken  for  the  preservation  of  the  public  peace 
along  and  in  the  neighborhood  of  said  thorough- 
fare : 

Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, nozv  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same.  That  the  police  of  the 
City  of  Charleston  shall  have  the  same  right  and      R'^hts   of   po- 

•^  .  lice   between    City 

authority  to  preserve,  and  the  same  means  ot  en-  Limits  and  Cown- 
forcing   the   pu])]ic    peace    upon    said    thoroughfare. 
26 


394 


SEWERAGE. 


and  Cooper  River  on  the  one  side  and  Ashley  River 
on  the  other,  between  the  City  Boundary  and  the 
County  hne,  as  they  may  have  within  the  Hmits  of 
the  Citv  of  Charleston. 


Criminal  Code  S.  C,  1902. 


Approved 
Dec.   22,    1888. 
XX    Stat.,   8. 


\)  Punish  Malicious  Interference  with  the 
Police  Alarm  and  Signal  Service  of  any 
City  or  otfier  Municipal  Corporation. 


I  n  t  e  r  f  erence 
with  made  a  fel- 
ony. 


Punishment. 


Section  156.  Any  person  or  persons  who  shall 
willfully  and  maliciously  interfere  with,  cut,  or 
injure,  or  w'ho  shall  maliciously  attempt  to  interfere 
with,  cut  or  injure  any  pole  or  poles,  wire  or  wires, 
•insulator  or  insulators,  alarm  box  or  alarm  boxes, 
of  the  police  alarm  and  signal  service  of  any  city  or 
other  municipal  corporation,  or  any  of  the  appliances 
or  apparatus  connected  therewith,  shall  be  deemed 
guilty  of  a  felony,  and  punished  by  fine  or  imprison- 
ment in  the  discretion  of  the  court. 


Sewerage. 


Approved 
Dec.    24,    1884. 
XVIII   Stat.,  785- 


Preamble. 


AN  ACT  TO  authorize  the  City  Council  of 
Charleston  to  Ordain  the  Necessary  Or- 
dinance for  the  Establishment  and  Main- 
tenance of  a  System  of  Sewerage  in  the 
City  of  Charleston. 

Whereas,  The  Board  of  Health  of  the  City  of 
Charleston  has  decided  that  the  system  of  privy 
vaults  and  retention  of  human  excreta  and  other 
putrifying  substances  about  the  lots  and  buildings 
are  sources  of  disease  in  said  City,  and  have  recom- 
mended the  establishment  of  some  amended  system 


STREETS. 


395 


City    Council   of 
Charleston    to    es- 
sewerage 
system. 


contract    for. 


of  sewerage  that  will  remove  or  correct  these  evils ; 
therefore 

Section  i.  Be  it  enacted,  etc.,  That  the  City 
Council  of  Charleston,  in  addition  to  the  powers  tViXsh 
now  vested  in  them  by  law,  be,  and  they  are  hereby, 
authorized  to  pass  all  necessary  Ordinances,  rules 
and  regulations  for  the  establishment,  maintenance 
and  enforcement  of  a  system  of  sewerage  in  the 
streets,  private  lots  and  dwellings  in  the  City  of 
Charleston. 

Sec.  2.  That  the  said  City  Council  of  Charleston 
be,  and  they  are  hereby  authorized  to  contract  with 
any  person  or  corporation  for  the  building,  main- 
tenance and  use  of  a  system  of  sewerage  w^orks  in 
said  City,  and  to  pass  all  necessary  Ordinances, 
rules  and  regulations  for  the  enforcement  of  the  ■''"'^  enforce, 
same,  with  like  penalties  as  provided  in  the  first 
Section  of  the  Act. 

Sec.  3.  That  the  officers  and  other  persons  who 
may  be  appointed  to  execute  the  provisions  of  such 
Ordinance,  rules  and  regulations,  shall,  as  far  as 
may  be  necessary  for  the  performance  of  their  re- 
spective duties,  have  the  right  to  enter  any  building 
or  premises  in  said  City  of  Charleston  between  the 
hours  of  9  A.  M.  and  5  P.  M. 

Sec.  4.  That  this  Act  shall  go  into  effect  on  the 
first  day  of  December,  1885. 


Power    to    entei 
buildings       and 
I)reniises. 


When 
effect. 


to     take 


Streets. 


AN  ACT  TO  Prevent  the  Opening  of  Streets,     Ratified 
Lanes,   Alleys,   and   Courts,    within   the  ^  vh  sVat!,^^^; 
City  of  Charleston,   without  permission 
specially  obtained. 

Whereas,  narrow  and  confined  streets,  lanes,  and   Preamble, 
alleys,  are  disadvintageous  to  every  City,  exposing 


396 


STREETS. 


No  street,  &c., 
to  be  opened  until 
the  design  shall 
have  been  sub- 
mitted to  the 
Commissioners  of 
Streets,,  &c. 


If  Council  ap- 
prove, the  street 
mav     be     opened, 


Penalty  for  op- 
ening a  street 
contrary  to  this 
Act. 


the  buildings  so  situated  to  greater  dangers  by  fire, 
and  the  inhabitants  thereof,  by  close  and  confined 
air,  to  malignant  diseases ;  and,  moreover,  do  greatly 
obstruct  the  free  passage  of  persons  and  carriages : 
And,  zuhereas,  The  corporation  of  Charleston  can 
impose  no  penalty  which  would  be  sufficient  to  pre- 
vent persons  from  acting  in  opposition  to  the  regu- 
lations intended  to  be  prescribed  by  this  Act: 

Section  i.  Be  it  therefore  enacted.  That  from 
and  after  the  passing  of  this  Act,  no  street,  lane, 
alley  or  court  shall  be  opened,  laid  out,  or  established 
within  any  part  of  the  City  of  Charleston,  until  the 
design  of  the  same  shall  have  been  previously  sub- 
mitted to  the  Commisioners  of  the  Streets ;  who  are 
hereby  required,  within  ten  days  after  application  to 
them,  made  as  aforesaid,  to  view  such  intended 
street,  lane,  alley  or  court,  and  report  thereon,  with 
their  opinions  thereof,  to  the  City  Council.  And, 
if  the  said  City  Council  shall  find  that  such  intended 
street,  lane  , alley  or  court,  possesses  a  sufficient  pas- 
sage-way, and  that  the  same  will  not  be  incommodi- 
ous or  prejudicial  to  the  citizens,  such  street,  lane, 
alley  or  court,  shall  then  be  opened,  and  forever 
thereafter  be  deemed,  held,  and  taken  as  a  public 
street. 

Sec.  2.  That  no  person  or  persons,  holding  any 
freehold  or  leasehold  estate,  or  by  any  other  right 
or  title  whatever  in  the  occupancy  of  land,  shall 
at  any  time  hereafter  lay  out,  open  or  establish  any 
street,  lane,  alley  or  court,  contrary  to  the  regula- 
tions hereby  intended ;  and  every  such  owner  or 
other  person,  interested  in  the  occupancy  of  any 
land,  so  violating  the  provisions  of  this  Act,  shall 
incur  a  penalty  of  any  sum  not  exceeding  forty  dol- 
lars for  each  and  every  week  the  same  shall  be  and 
remain  open ;  which  said  penalty  shall  be  recovera- 
ble in  the  Court  of  Common  Pleas. 


STREETS. 


397 


Civil  Code  of  So.  Ca.,  1902. 

A  Mode  of  Procedure  by  which  Lands  may  be 
taken  by  cities  and  towns  for  streets. 
Roads  and  Highways  for  Public  Use. 


Approved 
Dec.   24,   1884. 
XVIII   Stat.,  781. 


Section  1396.  Whenever  the  Mayor  and 
Aldermen  of  any  city  or  the  Intendants  and  War- 
dens of  any  town  in  the  State  shall  think  it  expedient 
to  widen,  open,  lay  out,  extend,  or  establish  any 
street,  alley,  road,  court,  or  lane,  they  shall  have 
power  to  purchase  the  lot,  lots,  or  parts  of  lots,  of 
land  necessary  for  such  street,  alley,  lane,  road,  or 
court,  and  the  fee  simple  of  said  land  shall  be  vested 
in  said  city  or  town  for  the  use  of  the  public  from 
the  day  of  the  deed  of  sale :  Provided,  That 
in  incorporated  towns  a  petition  signed  by  a 
majority  of  the  owners  of  real  estate  therein  shall 
first  be  submitted  to  the  Intendant  and  Wardens, 
praying  them  to  widen,  open,  lay  out,  extend,  or 
establish  such  street,  alley,  lane,  road  or  court,  but 
this  proviso  shall  not  apply  to  incorporated  cities. 

Sec.  1397.  In  case  any  owner  or  owners  of  said 
lot  or  lots  of  land  as  aforesaid  shall  refuse  to  sell  the 
same,  or  shall  demand  what  may  be  deemed  an 
unreasonable  price  by  the  said  authorities, 
then  the  said  authorities  shall  nominate  and 
appoint  six  free-holders,  resident  in  said  city  or 
town,  who  shall  meet  an  equal  number  to  be  named 
rmd  appointed  on  the  part  of  the  owner 
or  owners,  to  determine  and  fix  upon  the  true  and 
real  value  of  such  land,  and  any  damage  thereto  b)- 
reason  of  the  opening,  widening,  or  extension  of 
such  highway,  due  regard  being  had  in  assessing 
such  damages  to  any  increased  value  of  such  lot, 
lots,  or  parts  of  lots,  by  reason  of  the  open- 
ing, widening,  or  extension  of  such  highway,  with 


Streets,  &  c  .  , 
may  be  widen- 
ed, opened,  &c. 


Petition     to     be 
submitted. 


Proceedings     in 
case   of   refusal. 


Damages. 


398 


STREETS. 


Fee  simple 
vest  and  deed 
be   made. 


to 
to 


Appeal. 


Assessment 

jury. 


by 


Owner    to    exe- 
cute quit  claim. 


Clerk  to  make 
deed  in  certain 
cases. 


full  power  in  the  Commissioners  appointed  as  afore- 
said, in  case  of  disagreement,  to  call  in  one  other 
Commissioner ;  and  on  the  payment  of  the  full  value 
of  said  lot  or  lots,  or  parts  of  lots,  and  such  special 
damages  aforesaid,  ascertained  and  determined  on  in 
the  manner  above  provided,  the  fee  simple  of  the  said 
lot.  lots,  or  parts  of  lots  shall  be  vested  in  such  city 
or   town    for   the   use   of  the   public   and   the   said 
owner    shall    execute    his    deed    without    warranty 
therefor  accordingly  to  said  cit}'  or  town.      In  case 
any  owner  shall  be  dissatisfied  with  the  valuation  of 
his  lot  or  lots,  or  such  special  damages  aforesaid, 
it  shall  and  may  be  lawful  for  such  owner  to  appeal 
from  the  same  upon  giving  notice  of  such  appeal  to 
the  Mayor  and  Aldermen,  or  Intendants  and  War- 
dens of  such  city  or  town,  within  ten  days  from  the 
time  of  his  receiving  a  notification  of  such  valuation 
and  assessment  of  damages,  to  the  Court  of  Com- 
mon Pleas  for  the  county  in  which  said  lands  may 
be,  at  the  next  session  thereafter ;  and  the  said  court 
shall  order  a  new  valuation  and  assessment  of  dam- 
ages, or  either,  in  such  particular  case,  to  be  made 
by  a  jury,  who  shall  be  charged  therewith  in  the 
same  or  some  subsequent  term,   and  their  verdict 
shall  be  final  and  conclusive  unless  a  new  trial  be 
granted ;  and  after  final  judgment  in  such  case  the 
fee   simple    of   said    lot   or   lots,    or   parts   of   lots, 
shall  be  vested  in  such  city  or  town  upon  the  pay- 
ment or  tender  of  payment  of  the  amount  of  such 
valuation  and  damages,  and  the  said  owner  shall 
thereupon  execute  his  quit-claim  deed  therefor  ac- 
cordingly to  said  city  or  town. 

Sec.  1398.  In  all  cases  where,  under  the  last 
preceding  Section,  the  owner  is  required  to  execute 
his  deed  to  said  city  or  town,  and  shall  fail  or  neglect 
so  to  do,  then  the  Clerk  of  the  Court  of  Common 
Pleas  for  the  county  in  which  said  city  or  town  is 
situated,   shall  on  behalf  of  said  owner  execute  a 


STREETS. 


399 


deed  without  warranty  therefor  to  said  city  or  town, 
which  said  deed  shall  as  effectually  bind  said  owner 
and  his  or  her  heirs  and  assigns  as  though  executed 
by  said  owner.  And  said  deed  and  all  proceedings  Proceedings  to 
had  in  such  matter,  except  proceedings  in  court,  ^^  '■f'^"'''^^*^- 
shall  be  recorded  by  the  Register  of  Mesne  Convey- 
ances of  said  county  in  the  books  wherein  convey- 
ances of  real  estate  in  said  county  are  required  by 
law  to  be  recorded. 

Sec.    1399.     The   Mayor   or   Intendant   of   such      Meeting  to  ap- 
city  or  town  shall  call  a  meeting  of  the  said  owners  sionVrs.      °'"™®" 
at  some  proper  time  and  place,  by  the  service  of  a 
notice,  as  summons  are  now  required  by  law  to  be 
served,  and  the  owners  attending  such  meeting  or 
their  proxies,  or  a  majority  of  them,  shall  appoint 
the    Commissioners    in    their    behalf    mentioned    in 
Section   1397.  and  in  case  the  owners  at  said  meet- 
ing,    or    adjournment     thereof    within     ten     days, 
shall  neglect  or  refuse  to  appoint  Commissioners,     where    owners 
then  the  Commissioners  appointed  by  said  city  or  "^^'^''*- 
town  on  their  behalf,  or  a  majority  of  them,  shall  be, 
and  they  are  hereb}'  authorized  to  proceed  to  the 
discharge  of  the  duties  herein  prescribed,  and  their 
judgment  in  the  matter  shall  be  final  and  conclusive, 
except  in  the  case  of  appeal  as  above  prescribed. 

Sec.  1400.      When  the  o\\ner,  or  any  one  of  sev-      infants  and  lu- 

.  .  iiatics. 

eral  owners  of  the  lands  is  an  mfant,  or  iioii  conif^os 
mentis,  the  required  notice  shall  be  served  personally 
upon  the  trustee,  guardian  or  committee  of  such 
persons,  and  personally  on  such  owner,  and  if  there 
be  no  such  trustee,  guardian,  or  committee  the  Clerk 
of  the  Court  of  Common  Pleas  shall  have  power,  and 
is  hereby  authorized,  to  appoint  for  such  person 
a  pfuardian  ad  litem,  upon  whom  the  service  shall  ^  ("u.ardian  ad  u- 

o  -'        i  .  •    tern. 

be  made,   and  who  shall   represent  the  interest  of 
such   infant   or  person    non    compos   inentis.     Said  Non-residents. 
Clerk   shall   pursue   in   all    respects   the   mode  now 
provided      l)y      law      for      the      appointment      of 


400 


STOCKS    AND    BONDS. 


Com  missioners 
to   be   sworn. 


guardians  ad  litem  for  infants  and  persons  non  com- 
pos mentis.  If  any  owner  of  tlie  lands  shall  re- 
side beyond  the  State,  or  his  or  her  place  of  residence 
be  unknown,  the  serA-ice  sliall  be  made  upon  the 
agent  of  such  owner  in  charge  of  said  land,  or  if 
there  be  no  such  agent,  then  such  owner  shall  be 
served  by  publication  as  in  civil  actions. 

Sec.  140T.  The  aforesaid  Commissioners,  before 
they  proceed  to  act  in  the  premises,  shall  sev- 
erally make  oath  before  some  person  authorized  by 
law  to  administer  oaths,  that  they  will  fairly,  faith- 
fully and  impartially  discharge  the  duties  herein 
required  of  them. 


Stocks  and  Bonds. 


Approved 
Dec.   23,   1878. 
XVI  Stat.,  754- 


AN  ACT  TO  Authorize  the  City  Council  of 
Charleston  to  Issue  Four  Per  Cent. 
Coupon  Bonds  for  the  purpose  of  taking 

UP    AND    retiring    THE     StOCK     OF    THE    SAID 

City. 


City  Council 
authorized  to  is- 
sue bonds. 


ble. 


Bonds  not  taxa- 


Section  ] .  That  for  the  purpose  of  taking  up 
and  retiring  the  Stock  of  the  City  of  Charleston, 
which  is  now  outstanding,  the  City  Council  of 
Charleston  be,  and  they  are  hereby  authorized  and 
empowered  to  issue  coupon  bonds  to  an  amount  not 
exceeding  the  amount  of  the  stock  of  the  City  now 
outstanding,  said  bonds  to  bear  interest  at  four  per 
cent,  per  annum,  payable  semi-annually,  and  to  be 
exchanged  at  par  for  the  stock  of  the  said  City  now 
outstanding,  to  have  date  from  the  date  of  exchange 
of  the  certificate  of  the  said  stock,  and  to  be  made 
payable  thirty  years  from  their  respective  dates. 

Sec.  2.  The  said  bonds  shall  not  be  taxable 
by  the  City  of  Charleston   for  any  purpose  what- 


STOCKS    AND    BONDS. 

soever,  and  the  coupons  shall  be  receivable  in  pay- 
ment of  taxes,  and  all  dues  to  the  said  City. 

Sec.  3.  That  the  principal  and  interest  of  the 
said  bonds  shall  be  payable  at  such  places  as  the 
City  Council  may,  by  Ordinance,  provide. 

Sec.  4.  All  executors,  administrators,  trustees, 
guardians  and  other  persons  who  now  hold,  or  who 
may  hereafter  become  possessed  of.  the  said  City 
Stock  in  a  fiduciary  capacity,  are  hereby  authorized 
and  empowered  to  exchange  the  stock  so  held  for  the 
bonds  so  issued  by  the  said  City  Council  under  this 
Act. 


401 


AN  ACl  TO  Amend  an  Act  Entitled,    An  Act      Approved 

.  Dec.   21,   1888. 

TO     Authorize     the     City     Council     of    xx  stat.,  129. 


Charleston  to  Issue  Four  Per  Cent.  Cou- 
PON  Bonds  for  the  Purpose  of  Taking  Up 
AND  Retiring  the  Stock  of  the  said 
City,"  Approved  December  23,  1878. 

Whereas,  By  an  Act  of  the  General  Assembly  preamble, 
entitled,  "An  Act  to  authorize  the  City  Council  of 
Charleston  to  issue  four  per  cent.  Coupon  Bonds,  xvi  stat.,  754- 
for  the  purpose  of  taking  up  and  retiring  the  stock 
of  the  City,"  approved  December  23,  1878,  the  said 
City  Council  of  Charleston  is  authorized  and  em- 
powered to  issue  the  said  four  per  cent.  Coupon 
Bonds  to  an  amount  not  exceeding  the  amount  of 
the  stock  of  the  City  then  outstanding,  for  the  pur- 
pose of  exchanging  the  said  bonds  for  the  said 
stock ;  and  whereas,  The  fourth  Section  of  the  said 
Act  provides  that  the  said  bonds  shall  be  registered 
(at  the  option  of  their  holders)  by  the  Treasurer  of 
the  said  City,  after  which  registration  they  shall 
only  be  transferred  by  endorsement;  and  whereas. 
It  hath  been  found  that  the  bonds  so  registered  and 
endorsed  become  what  is  known  in  the  Stock  Mar- 


402 


STOCKS   AND    BONDS. 


A. 
XVI 


A.,   1878. 
Stat.,  754. 


Amended. 


ket  as  scratched  bonds,  and  are  thereby  mvich  de- 
preciated in  value,  causing  great  loss  and  injury  to 
the  holders  of  such  bonds ;  Now.  to  remedy  this 
inconvenience — 

Section  i.  Be  if  ciiacfcd  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South 
Carolina,  nozv  met  and  sitting  in  General  Assembly, 
and  by  the  authority  of  the  same,  That  the  Act 
entitled,  "An  Act  to  authorize  the  City  Council  of 
Charleston  to  issue  four  per  cent.  Coupon  Bonds 
for  the  purpose  of  taking  up  and  retiring  the  stock 
of  the  City,"  approved  December  23,  1878,  be,  and 
the  same  is  hereby  amended,  and  for  the  purpose  of 
Exchange      o  f  exchanging  and  issuing  clean  bonds  in  place  of  the 

scratched    bonds.  ,       ,   *"  ,      "^  ,  ,     ,  , 

scratched,  registered  or  endorsed  bonds  now  out- 
standing, the  City  Council  of  Charleston  are  hereby 
authorized  and  empowered,  in  addition  to  the  bonds 
provided  for  in  the  said  Act,  to  issue  Coupon  Bonds 
to  an  amount  not  exceeding  the  amount  of  the 
scratched,  registered  or  endorser  bonds  now  out- 
standing, said  bonds  to  bear  interest  at  four  per 
cent,  per  annum,  payable  semi-annually,  and  to  be 
exchanged  at  par  for  the  said  scratched,  registered 
or  endorsed  bonds,  and  to  be  substituted  for  the 
same  in  all  respects,  except  as  herein  otherwise  pro- 
vided, to  bear  date  as  of  the  date  of  said  exchange, 
and  to  be  made  payable  as  of  the  date  of  the  bonds 
for  which  they  are  respectively  exchanged. 

Sec.  2.  All  executors,  administrators,  trustees, 
guardians,  and  other  persons  who  now  hold,  or  who 
may  hereafter  become  possessed  of  any  scratched, 
registered  or  endorsed  bonds  in  a  fiduciary  capacity, 
are  hereby  authorized  and  empowered  to  exchange 
the  said  bonds  so  held,  for  the  clean  bonds  issued  by 
the  said  City  Council  under  this  Act:  Provided, 
Provi.o.  That  they  be  otherwise  duly  vested  with  power  so 

to  do. 


Form   of  bonds. 


Trustees 
exchange. 


may 


STOCKS    AND    BONDS. 


403 


AN   ACT    TO    Prevent    the    City    Council    of      Approved 

^  ,  ^  Dec.    17,    1881. 

Charleston    Increasing  the  Debt  of  the  xvii  stat.,  582. 


City  of  Charleston,  except  in  the  man- 
ner herein  prescribed. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
seiitaik'es  of  the  State  of  South  Carolina,  now  met 
and  sitting  in  General  Assembly,  and  by  the  author- 
ity of  the  same.  That  from  and  after  the  approval  of 
this  Act,  it  shall  not  be  lawful  for  the  City  Council 
of  Charleston  to  create  any  del)t  1)ey(jn(l  the  muni- 
cipal income  of  the  current  year,  or  to  indorse  or 
guarantee  the  notes,  bonds  or  obligations,  or  accept 
the  drafts  of  any  company,  corporation,  person  or 
persons,  for  any  purpose  whatsoever,  unless  the 
following  terms  and  conditions  be  first  oljserved  and 
complied  w4th : 

First.  A  resolution  declaring  the  intention  of 
the  said  City  Council  to  create  such  indebtedness,  or 
incur  such  liability,  and  specifying  the  amount 
thereof,  shall  first  be  passed  at  a  regular  meeting  of 
the  said  City  Council,  by  a  vote  of  two-thirds  of  the 
whole  body. 

Second.  That  the  proposition,  after  being 
adopted  in  such  manner  by  the  said  City  Council, 
shall  be  submitted  to  the  qualified  voters  of  the  City 
of  Charleston,  at  an  election  to  be  held  under  reso- 
lution of  the  said  City  Council,  after  ninety  days' 
notice  thereof;  and  should  two-thirds  of  the  num- 
ber of  qualified  voters  voting  at  the  preceding  muni- 
cipal election  vote  affirmatively  at  said  election, 
the  proposition  shall  then  be  submitted  to  the  Gen- 
eral Assembly  of  the  State  of  South  Carolina  for 
approval;  and  should  the  proposition  be  approved 
by  the  said  General  Assembly,  the  said  City  Council 
of  Charleston  shall  have  the  authority  to  create  the 
debt,  or  incur  the  liability. 


Debt     shall 
bo    increased. 


not 


N  o  obligation 
to  be  guaranteed 
except  as  herein 
provided. 


Two-thirds  vote 
of  City  Council 
required. 


Two-thirds  vote 
of  (jualified  voters 
re(|iiired. 


404 


WATER    WORKS,    SP:WERS,    ETC. 

That  all  Acts  or  parts  of  Acts  inconsistent  with 
tliis  Act  be,  and  the  same  are  hereby  repealed. 


Criminal  Code  of  S.  C.  1902. 

lo  Protect  Water  Works.  Sewers  and  Drains 
OF  Cities  and  Towns. 


Inter  fere  nee 
with  sewers  pro- 
hibited. 


Damages 
prohibited. 


Penalty. 


Sec.  194.  No  person  shall  turn,  remove, 
raise,  or  in  any  manner  tamper  with  any 
cover  of  any  man-hole,  filter,  bed  or  other  appurte- 
nance of  any  public  sewer,  without  a  written  permit 
from  the  proper  authorities  of  such  works ;  and  no 
person,  except  those  engaged  by  the  proper  authori- 
ties, shall  enter  any  public  sewer,  without  a  special 
written  permit.  And  no  person  shall,  either  within 
to  or  without  anv  city  or  town,  obstruct,  damage  or  in- 
jure any  pipe,  ditch,  drain,  filter,  beds  or  appurte- 
nances of  any  water  works,  sewerage  or  drainage  of 
any  such  city  or  town.  Every  person  \Tolating  the 
provisions  of  this  Section  shall,  upon  conviction,  be 
deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a 
fine  not  to  exceed  one  hundred  dollars,  or  imprison- 
ment for  thirty  days. 


Civil  Code  of  S.  C,  1902. 

Unlawful  for  any  Municipal  Officer  to  take 
A  Contract  for  Work  for  the  Municipal 
Corporation  of  which  he  is  an  Officer, 
and  to  Provide  a  Penalty  for  Violations 
of  this  Act. 

Section     2002.       No     municipal     officer     shall 
tract  with  muni-    ^^\^q    ^    coutract    to    pcrfomi     work,     or     furnish 

cipahty.  ^ 


No 
officer 


municipal 
to       con- 


CITY  COURT  OF  CHARLESTON. 

material  for  the  municipal  corporation  of  which  he 
is  an  officer,  and  no  such  officer  shall  receive  any 
compensation  on  any  contract  for  said  purpose. 
Provided,  That  in  cities  of  over  thirty  thousand 
inhabitants  such  contracts  may  be  allowed  by  the 
unanimous  vote  of  City  Council  upon  each  specific 
contract ;  such  vote  to  be  taken  by  yeas  and  nays, 
and  entered  upon  Council's  Journal. 


405 


The  City  Court  and  the  Poliee  Court  of  Charh^ston. 
Civil  Code  of  S.  C,  1902 — Chapter  LXXXIX. 
Section     2777.       That     the     Court     heretoft)re    „'8°'\)''"'  3°°; 

'  '  '  1820,     VII,     322, 

established      and      called      the      Citv      Court      of  Si;  i  Miii.,  45. 

1902. 

Charleston,   shall  be  held  by  the  Recorder  of  the    ~^ — ; — -— — 

-^  .  fo     be     holden 

Citv  of  Charleston ;  and  the  City  Council  shall  nx  by  the  Recorder, 
and  provide  such  compensation   for  the   Recorder 
as  may  be  fit  and  proper,  and  proportioned  to  the  saiary,  &c. 
importance  of  his  station ;  which  compensation  shall 
not  be  increased  or  diminished  during  his  continu- 
ance in  office ;  to  be  paid  by  the  City. 

Sec.  2778.     The  said  Recorder  shall  be  appointed  js^^'^^issg'^'xii; 

by  the  City  Council  of  Charleston,  and  hold  his  com-  ^^^'  ^^- 

mission  during  good  behavior;  and  he  shall  sit,  at  ^f^Xe.^'"'"  *^"° 
such  times  as  may  be  fixed  by  the  Ordinances  of  the  sessions. 
City  of  Charleston,  from  time  to  time. 

Sec.  2779.  The  jurisdiction  of  the  City  Court  ^iJc;  J,^.^,  n. 
of  Charleston  shall  be  limited  to  the  trial  of  causes  fj  e^c^- Jff  ^ 
arising  under  the  Ordinances  of  the  City  Council  R^ich- 366:2  Baii.. 

of  Charleston.  _         CoS.'''"''°"    "' 

Sec.  2780.     All  issues,  controversies  and  litiga-      ,80,,  vii.  301, 
tions  in  the  said  Court,  if  demanded  by  either  party,   ^'^'  '°  ^'"'^■'  ^^^■ 
shall  be  tried  by  a  jury  composed  of  six  persons, 
according  to  the  regulations  and  forms  prescribed 
by  law  in  cases  of  trial  by  jury,  and  as  hereinafter 
provided. 


Trial     by     jury 
in   certain   cases. 


406 


CITY  COURT  OF  CHARLESTON. 


Jury  Commis- 
sioners, how  con- 
stituted. 


City    Sheriff    to 
provide   Jury    list. 


Jury     box     to 
have  three  locks. 


Drawing   Juries. 


Formation 
Juries,    etc. 


of 


Sec.  2781.  The  Clerk  of  the  City  Court,  the 
City  Treasurer  and  the  City  Assessor  shall  consti- 
tute the  Board  of  Jury  Commissioners  for  the  City 
Court  of  Charleston.  Provided,  in  case  any  mem- 
ber of  the  Board  of  Jury  Commissioners  fail  to 
attend  for  the  purpose  of  drawing  a  jury  a  majority 
of  the  Board  may  act.  The  City  Sheriff  shall,  upon 
the  passage  of  this  Kct,  and  hereafter,  on  the  first 
day  of  January  of  each  year,  provide  a  list  of 
twenty-five  hundred  legally  qualified  jurors,  from 
which  list  the  Board  of  Jury  Commissioners  shall 
cause  the  names  to  be  written,  each  one  on  a  separate 
paper  or  ballot,  and  shall  fold  up  said  pieces  of 
paper  or  ballots  so  as  to  resemble  each  other  as  much 
as  posible,  so  that  the  names  thereon  shall  not  be 
visible  on  the  outside,  and  shall  place  them,  with  the 
said  list,  in  a  box  to  be  furnished  to  them  by  the 
City  Council  of  Charleston,  which  box  shall  be  in 
custody  of  the  Clerk  of  Court.  The  jury  box  shall 
be  provided  with  three  locks,  all  different.  The 
key  to  one  lock  shall  be  kept  by  the  Clerk  of  the 
City  Court,  one  by  the  City  Treasurer,  and  one  by 
the  City  Assessor,  so  that  no  two  of  said  Commis- 
sioners shall  hold  keys  to  the  same  lock.  When 
jurors  are  to  be  drawn,  the  Board  of  Jury  Commis- 
sioners shall  attend  at  the  office  of  the  Clerk  of  the 
City  Court,  and,  in  the  presence  of  the  Sheriff,  shall 
shake  up  the  names  of  the  jury  box  until  they  are 
well  mixed,  and  having  unlocked  said  box,  the  Board 
of  Jury  Commissioners,  or  a  majority  of  them, 
shall  proceed  to  draw  therefrom,  without  seeing 
the  names  written  thereon,  a  number  of  ballots  equal 
to  the  number  of  jurors  required,  and  which  jury 
shall  be  summoned  for  the  trial  of  causes  in  like 
manner,  and  under  the  same  penalties,  as  are  estab- 
lished by  law  and  usage  in  the  Circuit  Court. 
Provided,  That  no  venire  facias  shall,  at  any  time, 
issue  for  more  than  eighteen  jurors  to  serve  at  one 


CITY  COURT  f)F  CHARLESTON. 


407 


Court,  from  whom  a  jury  or  two  juries,  if  the 
Recorder  shall  regard  more  than  one  jury  necessary 
for  the  proper  dispatch  of  the  business  before  the 
Court,  shall  be  empanelled,  and  in  case  of  non- 
attendance  of  the  jurors  so  drawn  and  summoned, 
their  places  may  be  supplied  by  talesmen,  drawn  in 
the  usual  mode:  but  no  person  shall  be  liable  to  ' 
serve  twice,  until  all  the  names  in  the  said  jury  box 
shall  be  drawn  out. 

Sec.  2782.  All  persons  possessing  the  qualifica-  .  Qualification  of 
tions  prescribed  for  jurors  by  the  laws  of  the  State, 
and  usually  residing  in  the  city,  or  who  have  resided 
therein  for  four  months  before  their  being  sworn 
and  there  being  at  the  time  of  being  drawn 
and  summoned,  shall  be  liable  to  serve  as  jurors  in 
the  said  Court,  saving  and  reserving  to  all  persons 
all  lawful  excuse  and  exemptions  as  in  other  Courts. 

Sec.  2783.     It  shall  be  lawful  for  the  City  Coun-     t:ity    Coundi 

'      ^        ,  .  and    Recorder    to 

cil,  and  the  said  Recorder,  to  prescribe,  and  from  regulate  practice, 
time  to  time  to  regulate  the  practice  of  the  said 
Court,  and  of  the  attorneys  therein,  conformably  to 
this  chapter,  and  as  nearly  as  may  be  to  the  forms 
and  rules  used  in  the  Circuit  Courts  of  this  State, 
and  the  proceedings  shall  be  the  same  substantially 
as  in  like  cases ;  except  in  cases  for  the  violation  of 
Ordinances,  when  imprisonment  is  imposed,  in  ad- 
dition to  or  in  the  alternative  of  a  fine,  in  which  ' 
cases  the  prosecution  shall  be  in  the  form  of  an 
information  on  the  official  oath  of  the  Corporation 
Counsel. 

Sec.    2784.     All    writs    and    processes    shall    be      q^^j^   ^^   -^^^^^ 
issued  by  the  Clerk  of  the  said  Court,  and  shall  be  ^n  writs,  etc. 
made  returnable  to  the  first  day  of  the  term  next 
succeeding  the  issuing  of  the  same. 

Sec.    2785.     The    said    Court    is    invested    with  Powers  of  Court, 
power  and   authority   to   grant    rules,   to   hear   and 
determine  motions  for  new  trial  in  arrest  or  judg- 
ment, and  all  questions  of  law  arising  out  of  causes 


408 


CITY  COURT  OF  CHARLESTON. 


Power 
corder. 


of     Re- 


Extent     of     au- 
thority. 


Right  of  ap- 
peal to  Supreme 
Court. 


Transfer  o  f< 
judgment,  etc., 
from  City  Court 
to    Circuit    Court. 


within  its  jurisdiction;  to  issue  subpoenas  for  the 
attendance  of  witnesses,  to  grant  commissions  for 
the  examination  of  witnesses,  to  issue  executions  of 
iieri  facias  against  the  real  and  personal  property 
of  defendants,  to  issue  writs  of  capias  ad  respon- 
dendum, to  punish  for  contempt,  and  also  all  other 
the  usual  process,  according  to  the  know  and 
appro\'ed  rules  of  the  common  law,  and  of  the  Acts 
of  the  Assembly  in  such  cases  provided.  The  Re- 
corder shall  have  the  same  powers  in  the  discharge 
of  his  duties  as  the  Judges  of  the  Court  of  Sessions 
and  Common  Pleas  in  like  cases ;  but  it  is  hereby 
declared  and  provided  that  no  process  or  writ  issu- 
ing out  of  the  said  Court  shall  extend  or  be  of  force 
for  service  or  execution  out  of  the  limits  of  the  said 
city,  except  commissions  to  examine  witnesses ;  and 
that  all  writs  shall  be  served  and  returned  ten  days 
before  the  sitting  of  the  Court  aforesaid. 

Sec.  2786.  All  parties  shall  have  the  same  right 
of  appeal  to  the  Supreme  Court  from  the  decisions 
of  the  said  City  Court  in  the  same  form  which  is 
now,  or  may  be  lawful  for  parties  in  the  Circuit 
Courts  in  like  cases,  and  the  Supreme  Court  shall 
hear  and  determine  such  appeals  in  the  same  manner 
as  appeals  from  the  Circuit  Court  of  Charleston 
County. 

Sec.  2787.  All  judgments  in  the  office  of  the 
Clerk  of  the  said  City  Court,  and  all  executions, 
writs  and  processes  in  the  office  of  the  Sheriff  of  the 
City  of  Charleston,  other  than  judgments,  execu- 
tions and  processes  arising  under  the  Ordinances  of 
the  City  Council  of  Charleston,  shall  be  transferred, 
respectively,  in  the  offices  of  the  Clerk  of  the  Circuit 
Court  and  of  the  Sheriff'  of  the  County  of  Charles- 
ton, which  causes,  judgments,  executions,  writs  and 
processes  shall  be  of  like  validity  and  force,  as  if  the 
same  had  originated  or  been  sued  out  of  the  Circuit 
Court  for  the  said  County. 


CITY   fOlIRI'   Ol'   CIIAKIJ-.SrON. 


409 


Sec.  2788.  The  Clerk  and  Sheriff  of  the  said 
City  Court  of  Charleston  shall  have  the  same  powers 
and  authority  in  all  cases  within  the  jurisdiction  of 
the  said  Court,  as  the  Clerks  and  Sheriffs  of  the 
Circuit  Courts. 

Sec.  2789.  In  case  of  the* sickness  or  absence  from 
the  State  of  the  Recorder,  they  shall  have  power, 
and  are  hereby  authorized  and  required  to  draw 
juries  for  the  succeeding  term. 

Sec.  2790.  The  charges  and  fees  of  the  several 
officers  of  the  City  Court  shall  be  the  same  as  in  the 
Circuit  Court  in  like  cases. 

Sec.  2791.  There  shall  be  established  a  Court  in 
the  City  of  Charleston  known  as  the  Police  Court  of 
the  City  of  Charleston,  which  shall  be  held  bv  the 
Recorder  of  the  City  of  Charleston.  The  said  Re- 
corder, and  any  Magistrate  holding  the  Police  Court 
of  the  City  of  Charleston,  in  the  case  of  absence, 
sickness,  or  other  disability  of  such  Recorder,  is 
invested  with  jurisdiction  to  hear  and  determine 
all  cases  of  a  criminal  nature  occurring  within  the 
limits  of  the  City  of  Charleston,  which  are  not 
within  the  exclusive  jurisdiction  of  the  Court  of 
General  Sessions.  That  is  to  say,  any  such  officer 
holding  the  Police  Court  shall  have  jurisdiction  of 
all  offences  committed  within  the  limits  of  the  City 
of  Charleston,  on  arrest  by  the  police  or  municipal 
authorities,  which  may  be  subject  to  the  penalty  of 
fine  or  forfeiture  not  exceeding  one  hundred  dollars, 
or  imprisonment,  with  or  without  hard  labor,  not 
exceeding  ninety  days,  and  may  impose  any  sen- 
tence within  these  limits,  singly  or  in  the  alterna- 
tive. 

Sec.  2792.  Upon  the  sworn  information  of  any 
member  of  the  police  force,  or  municipal  officer,  any 
such  officer  holding  the  said  Police  Court  as  afore- 
said, shall  proceed  to  the  examination  of  any  charge 
against  any  person  arrested  and  brought  before  him, 
27 


Powers  of  Clerk 
and  Sheriff. 


To  draw  jurors 
in  absence  of  Re- 
corder. 


Fees  same  as 
in  like  cases  in 
Circuit    Court. 


Police    Court. 


Limit     of    Pun- 
ishment. 


Preliminary  ex- 
amination shall 
be  held. 

1897,  XXII,  412. 


410 


CITY  COURT  Oi-    CHARLESTON. 


When  deposit 
for  appearance 
forfeited. 


Right 

by   jury. 


of      trial 


S  t  e  n  o  grapher 
and  duties  of. 


Duties 
cers      o  f 
Force. 


jf     offi- 
Police 


Jurisdiction 
Recorder. 


of 


and  upon  the  same  appearing-  not  to  be  within  the 
jurisdiction  of  the  said  Police  Court,  he  shall  refer 
the  same  to  a  Ministerial  Magistrate  as  such  for 
examination,  to  be  by  such  Ministerial  Magistrate 
referred  to  the  Judicial  Magistrate's  Court  of  the 
City  of  Charleston,  or  Court  of  General  Sessions,  as 
may  be  proper. 

Sec.  2793.  Upon  any  charge  made  as  above 
against  any  person  released  on  deposit,  and  not  ap- 
pearing when  called,  any  such  officer  holding  the 
said  Police  Court  shall  order  the  said  deposit  for- 
feited. 

Sec.  2794.  In  the  trial  of  any  case  in  the  said 
Police  Court,  upon  the  demand  for  a  jury,  the  same 
shall  be  summoned  and  empanelled  in  the  said  Police 
Court,  in  accordance  with  the  law  for  empanelling 
juries  in  Magistrates'  Courts. 

Sec.  2796.  In  taking  testimony  and  preparation 
of  the  record  in  cases  of  appeal  from  the  said  Police 
Court,  the  transcript  of  the  notes  of  the  testimony, 
taken  at  the  trial  by  a  sworn  stenographer,  shall  be 
held  to  be  equivalent  to  the  testimony  signed  by  the 
witnesses.  And  the  Recorder  is  hereby  authorized 
and  empowered  to  appoint  a  suitable  person  as  ofif- 
cial  stenographer  of  said  Police  Court,  who,  after 
being  duly  sworn,  shall  take  all  testimony  before 
said  Police  Court. 

Sec.  2796.  It  shall  be  the  duty  of  one  of  the 
officers  of  the  police  force  to  be  in  constant  attend- 
ance on  said  Court,  and  to  take  proper  measures  for 
the  safe-keeping  of  the  prisoners,  and  for  carrying 
into  effect  the  orders  of  said  Court. 

Sec.  2797.  The  said  Recorder  shall  not  be  per- 
mitted to  plead  in  a  Superior  Court  in  any  cause 
which  has  been  argued  before  or  adjudged  l)y  him. 
The  Recorder  is  hereby  clothed  with  all  the  powers, 
duties  and  jurisdiction  of  a  Judicial  Magistrate,  ex- 
cept that  he  shall  not  receive  any  additional  com- 


TIME  OF  MUNICIPAL   ELECTIONS. 


411 


pensation  and  shall  not  have  the  authority  of  a 
Magistrate  to  appoint  a  constable.  In  case  of  the 
sickness  or  other  unavoidable  absence  of  the  Re- 
corder, the  Police  Court  shall  be  held  by  one  of  the 
Aldermen  of  the  City  of  Charleston,  or  by  one  of  the 
Magistrates  for  Charleston  County,  as  may  be  des- 
ignated by  the  Mayor. 


In  the  absence 
of  Recorder  to 
be     held      by      au 

Alderman  or  mag- 
istrate. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  ''An  AcT  TO 

Regulate  the  Election  of  Mayor  and  Al- 
dermen OF  the  City  of  Charleston/'  Ap- 
proved June  8,  1877. 


Approved 
Dec.  23,  1878. 


Section  i.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  State  of  South  Car- 
olina, now  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same,  That  Section  two  (2) 
of  an  Act  entitled  "An  Act  to  regulate  the  election 
of  Mayor  and  Aldermen  of  the  City  of  Charleston," 
approved  June  8,  1877,  be  amended  so  as  to  read 
as  follows :  "The  election  of  Mayor  and  Aldermen 
of  the  City  of  Charleston  shall  be  held  on  the  second 
Tuesday  in  December,  eighteen  hundred  and  seven- 
ty-nine and  on  the  same  day  in  every  fourth  year 
fore\er  thereafter." 


Holding  election. 


INDEX. 


Ord.     Acts 

ACCOUNTS—  Sec.  Page. 

All  hxed  salaries  to  be  paid  on  accounts  duly  made  out—.  124 

Boards  of  Commissioners  to  render  quarterly iii 

Of  Street  Department  to  be  examined  and  approved  by 

Committees  on  Accounts  and  Streets 132 

Rules  for  the  settlement  of  accounts  against  the  City 113 

Separate  accounts  to  be  opened  under  each  head  of  ap- 
propriation   113 

Old  Books  and  Vouchers,  to  be  destroyed  after  10  years....  114 
ADMINISTRATORS— 

Personally  liable  for  taxes 108 

To  list  property   for  taxation 56 

AGENTS— 

Insurance  personally  liable  for  taxes 66 

ALDERMAN— 

Any  to  enter  any  building  or  other  enclosure  where  cot- 
ton  loose  or  in  bales   is   unlawfully  stored   and   have 

same    removed 664 

Authorized    and    required    to    keep    peace    in    their    re- 
spective   Wards    334 

Authorized   to   elect   Mayor   pro   tempore   from   their   num- 
ber      350 

Each  Ward  to  be  represented  by  two 34^ 

Election  for,  when  to  be  held 411 

One  Alderman  for  each  Ward  to  be  decided  by  the  votes 
in  Ward  and  he  must  be  and  remain  a  resident  of  that 

Ward  during  his  term 348 

Penalty   for   malfeasance 33^ 

Penalty  for  refusing  to  act  as 336 

Qualifications    required    of 339 

The  other  twelve  to  be  elected  by  voters  in  whole  City....  348 

Title   of  Wardens   changed   to   that   of 340 

To  perform  the  duties  of  any  public  Board  not  elected. 

or  who  have   resigned 770 

To  qualify  before  the  Mayor 335 

Two,  to  be  elected  by  City  Council  to  serve  as  Trustees 

of  the  High  School  during  their  term  of  office 406 

Vacancy    among,    how    filled 350 

Vested  with   powers   formerly  exercised  by  Wardens....  341 

Vested  with  the  powers  and  authority  of  Justice  of  the 

Peace    - 334 

When  on  general  ticket,  must  be  at  the  time  of  election 

a  resident  of  the  Ward   for  which  elected ;....  348-3^1 

ALMS  HOUSE— 

Commissioners  to  make  annual  report  of  expenditures 350 

Duties    of    Commissioners 349 

28 


414 


INDEX. 


Ord  .     Acts 


Sec.      P.\ge 

Election   of   Commissioners   of 348 

Master  of,  to  receive  all  persons  committed  by  Mayor 

or    Commissioners    35^ 

Meetings    of    Commissioners 348 

Rations  allowed  officers  of ^72. 

AMBULANCES— 

Ambulances  of  City  Hospital  to  have  right  of  way  on  the 

streets    381 

APOTHECARIES— (See    City    Apothecaries.) 

ASHLEY  RIVER   ASYLUM— 

Commissioners   of    Public    Lands    to    elect   officers    and 

make    rules    for 355 

ASSAULTING  THE  POLICE— 

Penalty    for    444 

ASSESSMENTS— 

And   taxation   of   personal   property ■. 361 

Appeal    from    assessment    of    real    estate 98 

Bank   bills   how   valued 85 

Credits    how    valued    85 

Fractional    assessments    - 89 

Mines  and  mining  plant  how  valued 85 

Of  all  property  to  be  based  on  actual  value ■- 84 

Of    credits    defined ; 5i 

Of  investments  in  bonds  defined 5^ 

Of  investments  in  stocks  defined 51 

Of  money   defined 5i 

Of  personal  property  defined 51 

On   income   of  non-residents 361 

Personal  property  shall  be  listed  for  taxation 53 

Persons  listing  property  for  others  shall  list  in  name  of 

owner    54 

Who   shall   list   propertv - 53 

ASSESSOR— 

After   receiving   rates   shall    determine   the   sums   to   be 

levied  on  each  piece  of  real  and  personal  property 88 

Authorized  to  summon  persons,  examine  books,  etc 64 

Authorized  to  examine  persons  under  oath 64 

Bond    of   44 

Clerk   to,    may   appoint   and    remove 49 

Election  of 43 

Plans  of  new  buildings  to  be  submitted  to 587 

Salary    -  43 

Shall  obtain  delinquent  list  from  Treasurer  and  transmit 

same   to   Council    94 

To  add  to  or  deduct  as  ordered  by  Council 87 

To  add  to  value  of  property  returned  at  less  than  its  value  94 

To  appoint  or  remove  a  clerk 49 

To  ascertain  and  return  property  of  persons  sick,  absent, 

etc '- - 64 

To  correct  errors  or  irregularities  in  numbering  houses....  572 

To  enter  taxes  on  books  9° 

To  furnish  annual  abstract  to  Treasurer 93 

To  give  correct  number  of  buildings  to  be  erected 573 


INDEX.  415 

Okd.     Acts 

Sec.      Page 
To  issue  no  permit  for  building  before  street  line  is  laid 

off   by   surveyor 791 

To  keep  a  list  of  real  estate  owners,  with  description  of 

property .^ 45 

To  keep  an  alphabetical   list  of  persons  in  default  of  re- 
turns  or   taxes 46 

To  keep  record  of  all  changes  in  property 48 

To  make  annual  settlement  with  Treasurer 94 

To   make   returns    for   defaulters 47 

To  prescribe  form  of  return 82 

To  publish  the  time   for  receiving   returns 47 

To  summon  persons  evading  or  making  false  returns 92 

ASSISTANT    CITY    SURVEYOR— (See    City    Survevor.) 

AUTOMOBILES— 

Gong  to  be   rung  when   nearing  corners 622 

Speed  of 621 

Speed  in  City  not  to  exceed  10  miles  per  hour 626 

To  have  gong  622 

To   have   lighted   lamp    at   night 623 

Unlawful    to    run    abreast 625 

AWNINGS— 

Not  to  be  put  up  in  such  a  manner  as  to  obstruct  foot  pas- 
sengers    438 

Unlawful  to  keep  up  after  sunset 440 

Unlawful  to  erect  wooden  posts  or  frames  for 439 

BAKE  houses- 
How  to  be  constructed  700 

BALCONIES— 

Fronting  on  the  street,  construction  of 141 

BALLOTS— 

Character  of,  to  be  used  at  municipal  elections 349 

BALLOT  BOXES— 

Commissioners   of   Election    to    furnish 349 

Regulations    as    to 349 

BANKERS— 

Definition    of 80 

Returns  to  be  made  by 78 

BANKS— 

Appraiser  to  examine  books  and  officers  of,  failing  to  fur- 
nish   list    of    stockholders "/J 

Definition   of  80 

Dividends  not  to  be  paid  on  delinquent  stock 75 

May  pay  taxes   due  on   shares 76 

President  and  cashier  of,  to  make  returns .• "j, 

Real  estate  owned  by,  to  be  deducted  from  total  value  of 

shares     74 

Returns  of  unincorporated 78 

Shares  not  transferable  imtil  taxes  are  paid 75 

Shares  of  stockholders  of,  to  be  listed  for  taxation 71 

Taxes  to  remain   a  lien  on   shares 75 

To   keep   lists   of   stockholders 72 

BARRELS— 

Not  to  be  rolled   upon   foot  pavements 435 


416 


INDEX. 


Ord.     Act§ 

Sec.      Page 

BATHING  HOUSES— 

Power  and  authority  of  board 398 

Seven  commissioners  to  be  annually  elected 398 

BATTERY— (See   White    Point    Garden.) 

BEGGARS— 

City  Council  authorized  to  take  up  and  confine  strolling  366 

BIi^YCLES— 

To  have  a  lamp  at  night 611 

To  have  a  bell 610 

To  have  control   of  wheel 612 

Unlawful  for  three  persons  to  ride  abreast 612 

Unlawful   to   ride   through   streets    faster   than   7   miles 

per    hour , 613 

Penalty    614 

BIRTHS— 

Registration  of  301 

BOARD  OF  COMMISSIONERS  SEWERAGE  SYSTEM— 
Board  and  its  employees  at  all  times  subject  to  control  of 

Council    190 

How  appointed  and  term  of  office 184 

Mayor  and  Health  Officer  to  be  ex-officio  members 184 

May  remove  Superintendent  for  incompetency,  neglect  of 

duty,  etc 186 

Of  whom  to  consist 184 

Organization    of 184 

Other  meetings  to  be  called  upon  request  of  two  members  184 

Powers  of  Board  185 

Quorum 184 

Shall  meet  once  a  month 184 

Shall  elect  a  Superintendent  of  Sewers 186 

To  fix,  with  approval  of  Council,  term  of  office  and  salaries 

of  all  employees,  duty,  etc 187 

To   submit,   through   Committee  of  Ways  and   Means,   in 

January,   an   estimate   of   moneys    required    for   ensuing 

year    189 

Vacancies  in  Board,  how  to  be  filled 188 

BOARD  OF  FIRE-MASTERS— (See    Fire    Department)  — 

To  have  supervision  of  City  pumps  and  wells 206 

To  make  all  necessary  repairs  to  City  pumps  and  wells 206 

BOARD  OF  HEALTH— 

Authority,   duty  and   powers   of  Board 260 

Duties  of,  as  to  adulteration  of  food,  etc.,  and  nuisances  382 

Health  Officer  shall  be  secretary  of  284 

How    constituted    and    appointed 259 

Infectious,     contagious     or     pestilential     diseases     to     be 

reported  to  - 265 

May  enact  by  laws,  rules  and  regulations 264 

May  prevent   discharge  of  sewage  into,  or  upon  a  high- 
way   or    stream,    and    order    a    connection    with    public 

sewer    193 

No   officer  or  clerk   in   Health   Department   shall   be   em- 
ployed without  the  sanction  of  the  Board  of   Health....  286 
Penalty  for  obstructing  or  resisting  the  Board  of  Health  267 


INDEX.  427 

Ord.     Acts 

Sec.      Page 

Penalty     for     refusing    or    neglecting     to     cotnply     with 

orders    of   268 

Powers  in  regard  to  buildings,  excavations,  sewerage,  etc  263 

Powers  of  Board  in  execution  of  its  orders 266 

Power  to  order  removal  of  any  thing  dangerous  to  health  263 

Shall  elect  a  Clerk  to  Health  Officer 288 

To   abate   all   nuisances 260 

To      adjudicate      complaints      against      City      Dispensary 

Physicians     296 

To  appoint  Board  of  Inspection  to  examine  low  lots 316 

To    appoint    four    Sanitary    Inspectors,    prescribing    their 

salaries  and  duties,  and  receiving  their  reports 262 

To     control    the    cleansing    of    sewers    and    dumping    of 

garbage 382 

To  declare  what  shall  be  deemed  nuisances 264 

To  divide   City  into   six   Health   Districts,   and   assign   to 

each    one    Dispensary    Physician 290 

To    elect    City    Apothecaries 299 

To   enforce   a   proper   quarantine 382 

To  exercise  exclusive  powers  as  to  public  health 260 

To   furnish   physicians   with   blank   death   certificates 333 

To  license  hearse-keepers,   sextons   and   others   in   charge 

of    cemeteries    330 

To   enforce '  registration   and    report   of   births    and    mar- 
riages   302  385 

To  make  certain  reports  to  State  Board  annually 383 

To  make  rules  for  guidance  of  City  Dispensary  Physicians 

and    Apothecaries    300 

To   notify  owner   of  premises   in  a   state   of   nuisance,   if 

absent,    how 383 

To  prevent   sale   of   improper  articles   264 

To  prevent  spread  of  epidemic  or  contagious  diseases 384 

To  proceed  upon  failure  of  owner  of  premises  in  a  state 

of  nuisance  to  act  383 

To   prohibit   nuisances    in   public   highway's 382 

To  prohibit  the  accumulation   of  offal,   etc 382 

To  provide  for  filling  of  low  lots  382 

To    recover    expenses    incurred    in    removal    of   nuisances 

from    persons    causing 383 

To  regulate  the  slaughter  of  cattle,  etc 382 

To   remove   or   remedy   anything  on     any  lot  or  building 

which  may  endanger  the  public  health 261 

To    require    municipal    authorities    to    abate    nuisances 

hazardous  to  public  health  on  private  property 383 

To  give  permit  before  contractor  can  erect  building 275 

To   order   defective   vaults   to   be   repaired   and   cleaned....  277 
To  prevent  production  or  storing  of  putrid  or  offensive 

matter  in  the  city  limits  273 

To  remove  foul  or  offensive  matter  from  city 273 

To   require   slaughter  houses,   dairies,   stables,   etc.,   to   be 

kept  clean 274 

To   require   lots   to   be    filled   and   drained   before   houses 

are   built   275 


418 


INDEX. 


Ord.     Acts 
Sec.      Page 


To   require   owners   and   agents   to   supply   premises   with 

water    276 

To  require  vaults  to  be  cleaned 278 

To  remove  smallpox  cases 279 

To  regulate  conveyance  of  offensive  matter  through  the 

streets    280 

Who   charged   with   enforcement 282 

BREAD— 

Mav  be  sold  from  bakeries  on   Sunday   up  to   10  o'clock 

A.    M - --  757 

Scales  for  weighing,  to  be  under  inspection  of  Commis- 
sioners  of  Market 560 

To  be  sold  by  weight 560 

BREW  HOUSE— 

Unlawful  to  erect  any 699 

BUILDINGS— 

All  buildings  on  streets  to  be  numbered 568 

All  roofs  to  be  of  incombustible  material 575 

Brick  and  slate  buildings,  penalty  for  violations  of  regu- 
lations as  to  581 

Brick   and   stone   buildings,   regulations    for   walls   of 580 

Business  sign  boards  to  be  put  up 432 

City   Council   authorized   to  pass   ordinances    for   protec- 
tion of  life  in  cases  of  fire  or  accident  in 375 

Dangerous    at    fire 378 

Fire  stops  of  incombustible  material  to  be  at  each  floor....  584 
How    numbered    and    regulations    relating    to    same.... 568-574 

Lintels  not  to  be  of  wood 584 

New    roofs    on    old    buildings    to    be    of    incombustible 

materials    578 

No  roof  of  any  house  to  be  repaired  or  renewed  with 

any    combustible    material 369 

No   tenement   building   to   be    erected    without    consent 

of   City   Council 567  il^ 

Officers  to  enter  in  discharge  of  duties 375 

Outlets  of  churches,  schools,  etc.,  to  be  arranged  so  as 

to'  most  easily  permit  inmates  to  escape  in  case  of  fire  476 

Penalty    for    erecting    wooden    buildings 576 

Penalty  upon  persons  employed  in  the  construction  of 577 

Persons   employed   in   erecting  unlawful   buildings   sub- 
ject   to    penalties    582 

Plans  of  building  to  be  submitted  to  City  Assessor 586 

Police    to    report    violations 583 

Proceedings   in    relation   to   unsafe 375 

Reported  unsafe  to  be  inspected  and  owner  notified 376 

Tenement    buildings    defined 579 

Tenement   buildings,    size   of   partition    walls 579 

To  be  covered  with  slate,  tin  or  other  combustible  ma- 
terial      368 

To  be  made  safe  in  certain  time Zl^^ 

Trap  doors  to  stores  to  be  closed  every  evening 500 

Unsafe    in    process    of   erection    Zl^ 

Wooden  buildings  defined  575 


INDEX.  ^ig 

Ord.     Acts 

Sec.      P.\ge 
Wooden  buildings  not  to  be  constructed  in  certain  parts 

of    the    city    567 

Wooden  buildings  to  be  not  less  than  two  stories  567 

Wooden  buildings  to  have  inner  walls  lathed  and  plastered  567 
Wooden  buildings  to  have  roof  of  incombustible  materials  567 

BURIAL    GROUNDS— (See    Cemeteries.) 
BUTCHER  PENS— 

Not  to  be  erected  South  of  Line  Street 518 

CARRIAGES— 

Drivers  of,  to  pass  each  other  on  their  left  hand 629 

Not  to  be  driven  around  a  corner  faster  than  a  walk 632 

Not  to  be  driven  faster  than  seven  miles  an  hour 631 

Not  to  be  left  "unattended 636 

Not   to   obstruct   street   crossings 635 

Persons    with    infectious    disease    not   to   be   carried    in 

hackney   carriage   644 

Vehicle  without  horses  harnessed  not  to  be  left  on  streets  638 

CARTS  AND  DRAYS— 

Crossings  of  streets  not  to  be  obstructed  by 635 

Drivers  not  to  snap  whips  at  railroad  or  steamboat  ter- 
mination   634 

Drivers  not  to  use  indecent  or  boisterous  language  or 

annoy    travelers 634 

Drivers  to  pass  each  other  on  their  left  hand 629 

Badge   to   be   fixed   to   blind 616 

Cost   of   badge   617 

License    a    lien    on    vehicles 620 

Special  list  of  badges  issued,  to  be  kept  by  Treasurer 616 

Treasurer   to   furnish   metal   badge 616 

Unlawful  for  vehicles  not  to  have  license 619 

Vehicles    to    be    licensed 615 

Not  to  be  driven  through  King  street 639 

Not  to  be  left  on  streets  at  night  or  on  Sundays 638 

Transfer   of  licenses   to   be   reported   to   Treasurer   and 

recorded    616 

Unlawful  to  be  in  possession  of  unrecorded  license  or 

badge    _ 616 

LTnlawful  to  stand  or  ply  for  hire  except  at  such  places 

as   may  be   appointed  627 

CATTLE— 

Cattle  going  at  large  to  be  taken  up 652 

When  taken  up  how  disposed  of 652 

CELLAR  DOORS— 

Construction    of,    regulated    152 

Not  to  be  kept  open   155 

Not  to  extend  more  than  four  feet  into  street 153 

To  be  repaired  by  owners,  when  necessary 154 

CELLARS— 

Authority  for  filling  up  vested  exclusively  in  City  Council  388 

Authority  of  City  Council  in  reference  to  pumping  out 

or    filling    387 

Penalty  for  owners  molesting  or  obstructing  Board  of 

Inspection  or  Health  Officer 319 


420 


INDEX. 


Ord.     Acts 


Sec.      Page 

Power  of  Board  of  Inspection  in  relation  to ^i8 

CEMETERIES— 

All   Certificates  to  be  recorded  in  a  book  and  original 

delivered    to    Health    Officer    332 

Authority  of  City  Council  with   reference  to 385 

Committee  on,  to  be  appointed  by  Chairman  of  Board 

of  Health   329 

Duties    of    Committee    329-333 

No  interment  to  be  made  without  death  Certificate  and 

Burial     Permit    332 

No  new  Cemetery  to  be  established 322 

Penalty  for  interment  in  any  other  burial  ground  than 

those    already    established 323 

(See   also   Interments.) 
CERTIFICATES  OF  MUNICIPAL  REGISTRATION. 

Elector  to   have   certificate 358 

Form   of   358 

CHAIN  GANG— 

Board  of  Commissioners  to  be  elected •     416 

Board  to  report  annually  to  Council 421 

Duties    of    Superintendent    and    guard 419 

Duty  of,  and  term  of  office 416 

How    composed    416 

Meetings,  quorum,   etc 418 

Powers   of,   to  make   rules  and   regulations 418 

Salaries   of   Superintendent   and   guard 419 

Superintendent  to  report  monthly  to  the  Board 420 

To  elect  a  Superintendent  and  guard  with  power  to  re- 
move   same    418 

CHAIN  GANG  LAW— 

Authority  to  organize  chain  gang  364 

Care   of   convicts,   tools,   etc 365 

Municipal    authorities    empowered    to    control    convicts 

sentenced    under,    when    364 

Municipal   authorities  to   sentence  convicts   to  work  on 

streets,    when 364 

Surrender  of  convicts  and   safe-keeping  of.. 365 

When   convicts   not   employed   to   be   lodged   in   Countv 
Jail    366 

CHARLESTON  COLLEGE— 

Commissioners    of    fund 405 

Commissioners  to  report  annually  to  Council 405 

CHIEF  OF  THE  FIRE  DEPARTMENT— (See  Fire  De 
partment.) 

CHIEF   OF   POLICE— (See    Police.) 
JHIMNEY  CONTRACTORS— 

Election    of   and   bond 601 

Fees    of    606 

Optional   with   owner   to   sweep,   where   only   anthracite 

coal    is    used    607 

Penalty   for   opposing  or   obstructing 602 

Penalty  for  refusing  to  have  chimney  swept 608 

Penalty  of  contractors   for  neglect  of  duty 603 


INDEX.  421 

Ord.     Acts 

Sec.    *  Page 
To   give   public   notice   of   time   of   sweeping   chimneys....  604 
To  visit,  inspect  and  cause  to  be  swept  once  a  month, 
all    chimneys    602 

CHIMNEYS—.... 

Bodies   of   stoves   to   be   20    inches    and    smoke-pipe    18 

inches     from    any    unprotected    woodwork 589 

Chimneys  to  be  swept  once  a  month 602 

Fireplaces  to  be  closed  in  with  an  iron  bar 589 

Hearths  to  be  built  on  an  arch  of  brick  or  stone 590 

No  chimney  or  smoke-stack  to  be   used  so  as  to  be  a 

nuisance    589 

No  wood  work  to  be  secured  to  brick  work  of  any  flue 

or  chimney  589 

Of  wooden  houses  to  be  commenced  from  the  foundation  58S 

Penalty   if  any   chimney   takes   fire 592 

Stoves  to  be  placed  upon  bases  of  incombustible  material  589 

To    rise   two    feet    above    roof   of   building 589 

Wood   work   within   said   distances   to   be   protected   by 

metal   covering   : 589 

CHURCHES— 

Exempt    from   ta.xation    52 

Penalty  for  creating  a  disturbance  in 'any  of  the 759 

Persons  not  to  ride  or  drive  faster  than  a  walk  on  Sun- 
day  when   passing 760 

Police    to    be    stationed    before 761 

CHURCH  \aRDS— 

Weeds,  etc,  in.  to  be  removed  337 

CITY   APOTHECARIES- 

Election    of 299 

Place   of  business   to   be   in   District   for   which   he   has 

been    elected    299 

Salary    299 

Shall  be  under  guidance  and  control  of  Board  of  Health  300 
Shall  furnish  medicines  and  til!   prescriptions   for  indi- 
gent   poor    299 

CITY  BOUNDARY— 

Limits   of   City   extended    343 

CITY    CHARTER— (Original) 330 

Amendments   to,   to   be  published   in   a   City  paper   one 

month  prior  to  application  to  Legislature 342 

CITY    COUNCIL— 

All   fines  and   forfeitures  to  be   lodged   with   Treasurer 

for    use    of    City    333 

As  Court  of  Wardens  authorized  to  commit,  etc 337 

Authorized  to  adopt  such  of  the  State  legislation  for 
the  collection  of  taxes,  as  may  be  applicable  for  en- 
forcement   of    City   taxes    363 

Authorized   to   control   municipal   convicts 364 

Authorized   to   establish   a   chain   gang 364 

Authorized  to  fill  vacancies  in  Trustees  of  High  School 

if  Board   fail   to   do   so   in  three   months 164 

Authorized  to  issue  four  per  cent,  coupon  bonds 400-401 

Authorized  to  make  assessments,  levy  fines,  etc 332 


A22  INDEX. 

Ord  .     Acts 
Sec.      Pace 

Authority  to  make  by-laws  and  ordinances 331 

Authorized  to  make  City  taxes  a  lien  for  two  years  par- 
amount to  all  other  liens  except  State"  taxes 361 

Authorized  to  pass  ordinances  for  protection  of  life  in 

cases    of   fire,    etc 375 

Authorized  to  prevent  interments  without  a  proper  cer- 
tificate of  the  disease  of  which  the  deceased  died 385 

Authorized  to  require  licenses  to  do  business 362 

Authorized  to  take  up  and  confine  strolling  beggars 366 

Authorized  to  tax  the  income  of  non-residents  derived 

from  business  conducted  within  the  City 361 

Consent  of,  for  erection  of  tenement  to  be  obtained.. 374 

Empowered  to  levy  fines  to  an  amount  not  exceeding 

$1,000 - 342 

Escheated    property   in    St.    Philip's    and    St.    Michael's 

vested   in   for   Orphan  House   -■ 392 

Fee  simple  of  certain  lands  vested  in Z33 

Intendant    (Mayor)    and   Wardens    (Aldermen)    to   be 

known    as H'^ 

Jurisdiction    of,    extended    to    junction    of    King    and 

Meeting    Streets    343 

Jurisdiction    of,    to    extend    1*0    the    channel    of    Cooper 

and   Ashley  Rivers   340 

May  permit  erection  of  wooden  buildings  in  certain  limits  374 

No  street  to  be  opened  without  the  approval  of 395 

Officers  appointed  by,  to  enter  buildings,  when 375 

Power  and  authority  in   regard  to  the  construction   of 

buildings    368 

Powers    of   :--3'^ 

Power  of,  to  impose  punishments   for  the  violation   of 

City    Ordinances    345 

Procedure  on  refusal  of  proprietors  to  appoint  commis- 
sioners      397 

Quorum  for  other  duties 345 

Quorum   to  levy  taxes   and   appropriate   money 345 

To   appoint   commissioners   to   assess   damages   and   ad- 
vantages   from   opening,    widening   or   extending   any 

street    ' 397 

To    appoint    all    officers    necessary t,2>- 

To   call   a   meeting   of   proprietors   to   appoint   commis- 
sioners jointly  to  assess  value  of  property 397 

To  compel  owners  of  low  lots  or  cellars  to  drain  or  fill....  387 

To  condemn  low  lots  in  certain  cases 390 

To  contract  to  pay  annuity  for  certain  period  to  High 

School    164 

To   convey  lot   and  building  northwest   corner   George 
and  Meeting  Streets  to  Trustees  of  High  School  of 

Chareston 165 

To  elect  inspectors  of  timber  and  lumber 562 

To  elect  two   Aldermen,   after  the   general   election,   to 
serve  as  Trustees  of  High  School  during  their  term  of 

office    164 

To  establish  Sewerage  system  394 


■> 


INDEX.  49^ 

Orr.     Acts 

Sec.      Pace 
To  have  power  to  enter  buildings  and  premises  to  exe- 
cute   provisions    for    Sewerage    395 

To  increase  debt  of  City,  only  when  and  how 403 

To  open  and  widen  streets  396 

To    recover   expenses    incurred    in    filling   low   lots,    on 

refusal  of  owner,  in  Court  of  Common  Pleas 389 

To  sell  if  assessments  levied  for  opening  street  not  paid  398 
Vested    with   exclusive   power   to   till    up   low    lots   and 

cellars    389-390 

Vested    with    the    powers    of    the    Commissioners    of 

Streets,  etc 331 

CITY  COURT— 

Appeal    from  to   the   Supreme   Court 408 

Clerk    and    Sheriff,    powers    of 409 

Juries  in,  how  drawn,  empanelled,  etc 14          406 

Jurisdiction   of   405 

Jury  box  and  jury  list  to  be  provided  by  Sheriff 15 

Jury  to  be  drawn  only  on  order  of  Recorder 13 

May    sentence    to    imprisonment 408 

Power    of    court    and    Recorder 408 

Practice   and   pleadings    in 16          407 

Practice  and  pleadings  same  as  in  Circuit  Court 16 

Prisoners   to   be   tried   in,   may   be   ordered   to   jail 392 

Qualifications    of    jurors 407 

1  erms    of,    when    13 

To  be  holden  by  Recorder 405 

Trial  by  jury   in   405 

Transfers  of  judgments  in,  to  the  Circuit  Court 408 

Vested  with  jurisdiction  to  try,   determine  and  impose 

penalties   authorized   by   Ordinances   405 

Writs   and   processes    408 

CITY    DISPENSARY    PHYSICIANS— 

Change  of  residence   from   district,  vacates   office 292 

City  divided  into  six  health  districts  and  one  assigned 

to   each    290 

Complaints  against  to  be  adjudicated  by  Board  of  Health  296 

Election    of    six    289 

No  temporary  substitute  to  be  made  without  permission 

of   Board   of   Health    292 

Not  allowed    to   hold   office   more   than    four   years 293 

Salary    298 

Shall  not  hold  any  other  professional  office  without  con- 
sent   of    Board    of    Health •..  291 

Shall  reside  in  their  districts  and  have  their  offices  therein  291 

To  answer  calls  at  all  hours  without  charge 295 

To  be  under  guidance  and  control  of  Board  of  Health 300 

To  carry  a  pocket  case  of  medicines 295 

To  issue  permits  for  admission  of  indigent  sick  to  City 

Hospital    295 

To   report   monthly   to   Board   of   Health 297 

Not  to  engage  in  private  practice 294 


424  INDEX. 

Sec.      Page 

Ord.     Acts 
CITY  ELECTRICIAN— 

Applications  for  permits  to  erect  wires  must  be  filed  in 

office    of    209 

Assistants    to    208 

Duties    208 

How     appointed    208 

Office    established 207 

Salary    - - 208 

To  direct  placing  poles  and  wires 238 

To  enforce  ordinances  in  regard  to  lighting  City 241 

To  enter  sub-ways  and  have  access  to  all  buildings 234 

To  have  supervision  over  lighting  the  City 241 

To   regulate    placing   and   stringing   of   wires 2^3 

To  report  annually  to  City  Council  in  reference  to  lights  241 
To  report  breaches  of  lighting  contract  to  Mayor 241 

CITY    HALL— 

Janitor    of 799 

Custodian  of  - 799 

Penalty  for  injuring,  defacing,  etc 801 

CITY   HOSPITAL— 

Ambulances  of,  to  have  right  of  way  on  streets 381 

Commissioners  to  choose  and  appoint  officers  and  nurses  378 

Commissioners  to  make  rules  and  regulations  for 377 

House    Physicians    of 379 

Management    of    37^ 

Mayor   to    appoint    ten    Commissioners 377 

Not   lawful    for   quarters,    subsistence,   etc.,    to   be    fur- 
nished   to    any    but    employees 380 

Term    of    office    of    Commissioners    of 377 

To  receive  indigent  sick  on  permits  of  City  Dispensary 

Physicians    ; 295 

CITY   OFFICERS— (See   Officers.) 

CITY  ORPHAN  ASYLUM. 

Establishment    of    37'^ 

Commissioners    of    to    be    elected    annually 372 

Commissioners  of.  to  submit  rules  for  Council's  approval  372 

Who   may   be   admitted   to 373 

Proper  officers   to  be   appointed 374 

CITY   SURVEYOR   AND   ASSISTANT— 

Bonds    of    788 

Duties    of    - ._-.. 784-785 

Duty   of,   in   connection    with    draining   and   filling   low 

lots    275 

Election    of    and    assistant 783 

Office    and    instruments 786 

Records,    maps,    etc.,    of 786 

Salaries    of    787 

Shall   give   level   of   street   before   the   surface   of   a  lot 

shall  be  cut  down 789 

Shall  give  the  line  of  street  79i 

To  attend  whenever  required,  the  Board  of  Inspections 

on  examination   of  lots  and   give   levels,   etc 317 


iNU)..x.  425 

Ord.     Acts 

Sel'.      Page 
To    lay   off   line   of   streets    for   parties    erecting   build- 
ings,   fences,    etc "91 

To  give  certificate  that  lot  is  filled  before  building  can 

be    erected    275 

To   inspect   plants    storing   or    distributing   inflammable 
oils    691 

CITY   TREASURER— 

Ex-officio  a  member  of  Charleston  College   fund 405 

To  be  one  of  the  Trustees  of  Orphan  House  funds  and 

estate    366 

To  pay  bills  of  institutions  under  control  of  Commis- 
sioners   of    Public    Lands    357 

To   receive  all   moneys   from   Commissioners   of   Public 

Lands    357 

CLERK   CITY    COURT— 

Duties    of   22 

Election    of    22 

Salary    of    22 

CLERK  OF  COUNCIL— 

City  Council  authorized  to  appoint  a ^J,2 

Clerk  pro  tempore,  provision  for 795 

Duty    of    793 

Election   of   and   bond   797 

Office    hours    of   794 

Salary    of    796 

To  give  notice  of  annual  election  of  City  officers 764 

CLERK      OF     WEIGHTS      AND      MEASURES— (See 
Weights  and   Measures.) 

CLERK    TO    HEALTH    OFFICER— 

Duties    of    288 

Election  of  288 

Term  of  office,  salary,  and  how  payable  288 

COAL— 

Carter    to    have    certificate    548 

Not   permitted   to   remain   on   streets   longer   than   four 

hours    143 

Penalty  for  having  less  than  quantity  stated  in  certificate  549 

Penalty  for  selling  coal   other  than  by  weight 551 

Purchaser  to  have   the   right   to   have  coal   weighed   on 

public   scale   550 

Scales    to    be    tested 552 

To  be  sold  by  weight  and  weighed  by  sworn  weigher 547 

Vv'^eight   of  ton   547 

COLONIAL  COMMON— 

Board   of   Commissioners   to  be   appointed  by   Mayor 816 

Duty    of    Board    817 

Historv   and   location   of 815 

Organization  of  Board  818 

To  report  annually  to  City  Council 818 

COMMISSIONERS     OF    THE     ALMS     HOUSE— (See 

Alms  House.)  ■ 


426 


INDEX. 


Ord  .     Acts 

Sec.      Page 
COMMISSIONERS      FOR     THE      PLANTING     AND 
PROTECTING  OF  SHADE  TREES— 

Appointment    of    - 158 

Appropriation   for 158 

No  trees  to  be  planted  in  streets,  without  their  approval  159 

Vacancies  in  Board,  how  filled 158 

COMMISSIONERS    OF    CITY    HOSPITAL— ( See    City 
Hospital.) 

COMMISSIONERS  OF  ELECTION— 

Invested  with  necessary  power  to  keep  the  peace,  etc 349 

To  provide  three  ballot  boxes   for  each  precinct 349 

COMMISSIONERS   OF   THE   COLLEGE   FUND— (See 

Charleston  College.) 
COMMISSIONERS  OF  THE  MARKET— (See  Market.) 
COMMISSIONERS  OF  THE  ORPHAN  HOUSE— (See 

Orphan   House.) 

COMMISSIONERS  OF  PUBLIC  INSTITUTIONS  — 
Authorized    to    remove    officers,    whensoever    they    may 

think   proper   767 

Elections  by,  to  be  approved  by  City  Council 769 

Penalty    for    disturbmg    meetings    of 738 

Persons  holding  offices  under,  not  to  take  contracts 776  404 

The  Aldermen  to  perform  the  functions  of,  in  certain 

emergencies    770  , 

To  elect  officers  annually  766 

COMMISSIONERS   OF   PUBLIC  LANDS— (See    Public 
Lands.) 

COMMISSIONERS   OF   REGISTRATION— 

After  registration  and  revision  to  turn  books  over  to 

Supervisor  of  Registration 271 

Compensation   of   '  272 

Duties  of,   defined   271 

Authorized   to   appoint   three 271 

To  appoint  clerk  272 

To  provide  registration  books   272 

COMMISSIONERS  OF  THE  MARKET— (See  Market.) 
COMMITTEE  ON  ACCOUNTS— 

Duties   of,   in   regard   to 113 

To  destroy  old  books  and  vouchers  after  ten  years 114 

COMMITTEE  ON   STEAM  ENGINES— 

Duties    of    735-736 

To    be    appointed    by    Council 735 

COMMITTEE    ON    STREETS— 

To  approve  location,  etc.,  of  electric  poles  and  wires 211 

To  approve  of  bills  for  materials  and  expenditures 132 

To  approve  of  bills  for  street  hands  and  carts 129 

To  approve  of  the  appointment  of  street  hands  and  carts  129 
To  approve  samples  of  insulated  wires  before  same  are 

strung    214 

To  control  erection  of  all  electric  poles  and  wires 211 

To  issue  orders  to  Superintendent  of  Streets 136 


I 


INDEX.  427 

Ore  .     Acts 

Sec.      Page 
With  the  Mayor,  to  direct  the  building  and  repairing  of 

sidewalks    142 

With  the  Mayor,  to  establish  regulations  135 

CONSTABLES— 

City  Council  authorized  to  appoint 332 

COMMERCIAL   CLUB— 

Authorized  to  construct  verandas  m  front  of  building  on 
Meeting    street    S30 

CONTRACTS— 

By    commissioners,    not    to    be    made    exceeding    $500 

without    consent    of    Council 113 

City   officers   forbidden   to   take   404 

Payment    of   accounts    founded    on 113 

Superintendent    of    Street    not    to    be    engaged    in    any, 

with   the   City   I34 

CORONER— 

.     Board  of  Health  to   furnish  blank  certificates  to 333 

City   Council   authorized  to  appoint   332 

To   give   certificates   of   death   330 

CORPORATION   COUNSEL— 

Bond    of   24 

Duties  of  24 

Election    of 23 

Salary   of 25 

CORN— 

To  be  sold  by  weight,  at  rate  of  56  pounds  per  bushel 558 

Penalty  for  selling  otherwise   559 

COTTON  AND  COTTON  PRESSES— 

License,  price  of,  how  obtained  667 

Lightering,   regulations   as   to   660 

Loose  cotton,  not  to  be  packed  except  in  a  brick  or  stone 

building    668 

Loose  cotton,  not  to  be  packed  without  a  license 666 

Penalty  for  stealing  672 

Pressman  to  put  his  mark  on  each  bale  pressed 669 

Regulations    for   storing   cotton    663 

Samples  not  be  purchased  from  any  person  but  a  factor....  674 
Ships   and   vessels    using   donkey    engines    in    loading,    to 

have  spark  arresters 661 

Unlawful  for  cotton  menders  to  take  samples 673 

Unlawful    to   bring   or   keep   burnt    or   scorched   cotton 

within    the    city,    except — 671 

Unlawful  to  spread  or  pile  loose  cotton  on  any  wharf, 

street    or   unenclosed   place    - 670 

Unlawful  to  use  fires  or  burn  lights  in  building  where 

loose  cotton  is  spread,  piled  or  packed 670 

Unlawful  to  work  in  loose  cotton  before  sunrise  or  after 

sunset     670 

COUNCIL    STREET— 

South  end  of,  established  as  a  public  landing 166 

COUNTY  SHERIFF— 

Duty  of  to  receive  convicts  on  the  chain  gang  surren- 
dered  by   County    Supervisor    366 


423  INDEX. 

Ord.     Acts 

Sec.      Page 

cows- 
Going   at    large   to    be   taken    up 345 

Not  to  be  led  or  driven  in  White  Point  Garden 812 

To  be  kept"  in  houses  floored,  perfectly  clean,  etc 345 

When  taken  up  how  disposed  of 652 

DANGEROUS    BUILDINGS— (See    Buildings.) 

DANGEROUS   DISEASES— 

Board  of  control  or  trustees  to  require  vaccination  of 
teachers  and  scholars  384 

DEATH    CERTIFICATE— 

Duty  of  physician  with  reference  to  ". 334 

Form   of 333 

Penalty    for    neglect    - 334 

To  be  furnished  to  physicians  by  Board  of  Health 333 

DEATHS— 

Registration    of,    empowered    to    be    required    by    City 
Council    283  385 

DEBT  OF  THE  CITY— 

No  obligation  to  be  guaranteed  except  when  and  how 403 

Not  to  be  increased  lievond  the  income  of  the  current  veur  403 

DEPUTY  ESCHEATOR— 

City   Council   to   appoint 391 

DISORDERLY  BEHAVIOR— 

At  meetings  of  commissioners 738 

At    places    of    public    amusement 741 

Clamorous  crying  of  wares,   whooping,   etc.,  prohibited—.  739 

Clamorous  noises,  either  in  the  day  or  night,  unlawful 739 

Disorderly  conduct  defined 739 

Indecent,  disorderly  conduct,  drunkenness,  quarrelling,  etc.  739 

Street  criers,  hours  regulating  742 

Unlawful  to  throw  from  house  or  window  water,  offal 

or  other  matter  on  the  sidewalk 740 

Unlawful    to    follow    bands,    parades,    etc 752 

Unlawful    to    sell    opium,    cocaine,    etc 753 

Unlawful   to  spit  on  sidewalks 754 

Unlawful  to  trespass  on  or  use  city  property 755 

DISORDERLY    HOUSES— 

Defined      743 

Duty  of  police  in  reference  to 744 

Keeper   or   inmate   of,   guilty   of   misdemeanor 743 

Penalty  for  officiating  as  a  musician  at  such  house 746 

DISORDERLY    PERSONS— 

Defined,  idlers,   drunkards,  prostitutes,  beggars,  tramps....  747 
Penalty    against     748 

DISTILLERIES— 

Number    of    stills    allowed 700 

Stills  exceeding  ten  gallons  and  brew  houses  prohibited....  699 

DOGS— 

Badges  to  be  numbered  and  stamped 653 

Bitches  in  heat,  running  at  large  to  be  caught  and  detained  65S 

Fierce  and  dangerous  dogs,  regulations  as  to 657 

Going  at  large  to  be  caught,  and  if  not  redeemed,  killed....  655 
Muzzles     659 


INDEX.  429 

Ord  .     Acts 

Sec.      P.xge 

Penalty  for  removing  badge  656 

Precautions  as  to  mad  dogs  659 

Regulations  as  to  dog  pound 656 

To   wear   badges   653 

DRAINS— 

Lots  must  have  connections  with  public  drains 180 

No  connections  to  be  made  with,  unless  with  permission  of 

Street    Department    338 

Penalty   for   interfering   with   cleansers 181 

Private  drains  must  be  of  brick,  stone,  iron  or  clay  pipe..  180 

Private  drains  to  be  cleansed  when  choked  181 

Unlawful  to  connect  a  private  drain  with  public  drain 

without   consent    of   Mayor    183 

Unlawful  to  injure  public  drain  182 

DRAYS— (See    Carts   and    Drays.) 

DRIVERS— (See  Carriages  and  Carts  and  Drays.) 

DRUNKARDS    747 

DRY  MEASURE.... 

Contents  of  a  bushel,  peck,  etc - 528 

Grain  to  be  sold  by  529 

Unlawful  to  use  any,  except  of  the  standard  capacity  535 

ELECTIONS— 

For  Mayor  and  Aldermen,  who  may  vote  at  356 

When   to   he   held   4li 

ELECTRIC  WIRES  AND  POLES— 

All   companies  to  occupy   same   line   of  poles 212 

Applications  for  erection  of,  must  be  filed  in  office  of 

City   Electrician 209 

Circuits    to    be    provided     with     device     for     detecting 

ground  connections  218 

Classification  and  definition  of  wires  210 

Committee  on  Streets  to  control  erection  of  all  poles 211 

Cost  of  same,  how  borne 217 

Gongs  for  use  of  Fire  Department  to  be  placed  in  station 

of    every    company    224 

Guard   wires,   how   composed    ! 217 

Guard  wires  to  be  placed,  where  217 

How  wires  are  to  be  fastened  215 

Insulation   must   be   approved   by   Committee  on  Electric 

Wires     214 

Light  wires  must  not  be  less  than  one  foot  apart  216 

Location  of  poles  to  be  changed  by  company  when  ne- 
cessary      222 

Loops,  poles,  wires,  etc..  not  in  use,  to  be  removed 219 

Main  streets  not  to  be  occupied  when  their  use  can  be 

avoided    = 209 

Permission  must  be  obtained  to  run  light  or  power  wires 

under   telegraph    wires    217 

Plan  and  description,  indicating  location,  etc.,  to  be  filed  ....  209 

Poles  to  be  placed  within  6  inches  of  the  curb 222 

Police  and  Fire  Alarm  wires  may  be  placed  without  cost 

on  poles  of  any  company  223 

29 


430 


INDKX. 


Ord.     Acts 


Sec.      Pace 

Porcelain   knobs   prohibited  except   in   dry  places 216 

Roofs  must  not  be  used  to  support  wires  without  consent  of 

owners   213 

Size    of   poles    220 

After  inspection  no  change  to  be  made  without  permit....  235 

Committee   on,   to   control   erection   of   wires 209 

Companies  or  firms  to  send   emergency  teams   in   case 

of   fire   226 

Contractor  to  notify  City  Electrician  when  work  ready 

for   inspection   236  . 

Crossing  wires  not  to  be  less  than  five  feet  apart 221 

Current   cut   out   if  requirements   not   observed 239 

Current  not  to  be  turned  on  without  certificate 236 

Current   to  be   turned  off  if  ordered  by   Chief   of   Fire 

Department    227 

Gongs  to  be  connected  with  fire  alarm  wires 225 

In  certain  contingent  Chief  to  cut  wires 231 

Materials    to   conform   to   rules   of    National    Board   of 

Underwriters    Z},"] 

Penalty 240 

Teams  to  report  to  Chief  of  Fire  Department 226 

Unlawful   to  extinguish   electric  light   243 

Tests    for    ground    connections    to    be    made    three    times 

each    day    218 

Trees    must    be   trimmed    only   by    permission    of   Tree 

Commissioners    221 

Where  angles  occur,  guard-irons  must  be  placed 217 

Wires  along  walls  must  be  rigidly  attached  216 

Wires   entering   buildings   must   be    insulated 229 

Wires  must  be  insulated  214 

Wires    must    not    sag   215 

Wires  to  be  not  less  than  22  feet  above  the  street 221 

ENGINEERS    OF   FIRE   COMPANIES— 

Fire-Masters  to  appoint  a  Board  for  examination  of 451 

ENGINE   HOUSES— 

Unlawful  to  place  any  obstructions  in   front  of 463 

ENSTON   HOME— (See   William    Enston   Home.) 

ESCHEATS— 

Amount    of,    limited    to    $100,000 391 

Vested  in  Citv  Council  for  benefit  of  Orphan  House  391 

EXECUTORS  AND  ADMINISTRATORS— 

Authorized  to  exchange  scratched,  for  clean  bonds 402 

Exempt  from  taxation,  what  property  52 

FEES— 

For  inspection   of  weights  and   measures 532 

For   measuring   fire-wood   557 

For  measuring  timber  566 

For  sweeping  chimneys  606 

Of  officers  of  City  Court  409 

Penaltv   on   city   officers   for   taking   illegal 771 

FINES—  " 

City  Council  empowered  to  affix  and  levy  2>?)^ 

Not  to  exceed  $1,000  for  each   offence 342 


INDEX.  A-7-1 

Ord.       Acts 

Sec.      Page 
FIRE-CRACKERS— 

Shooting   of,    prohibited   except    at    certain    times 695 

FIRE    ALARM    TELEGRAPH— (See    Fire    Department.) 
FIRE    DEPARTMENT— FIRE    MASTERS— 

Advisory  members  of  Board  may  be  appointed 469 

Annual    meeting   and   election   of   otficers 452 

Board  and  officers  to  have  control  in  time  of  fire 459 

Board  may  negotiate  for  service  of  Department  in  ex- 
tinguishing   fires    on    vessels 462 

Board  to  fine  or  suspend  employees  457 

Board  to  make  rules  for  government  of  the  Department....  455 
Chief  of,  authorized  to  enter  buildings  on  fire  and  those 

adjoining    381 

Chief  of,  to  report  his  finding  to  Chief  of  Police,  of  ori- 
gin  of   fire   380 

Chief  to  inquire  into  origin  of  fires  and  report  to  Council  466 

Chief  to  give  directions  to  shut  oft'  gas 460 

Chief   to   inspect   all   oil   plants 688-691 

City  Council  authorized  to  appoint 332 

Complement    of   officers    and    men    for    engines 447 

Complement  of  officers  and  men  for  trucks 448 

Composition  of  Board  of  Fire  Masters  and  term  of  office....  445 

Duties  of  Chief  and  Assistants  as  to  fire  escapes 472 

Engineers   to   be   examined   451 

Felony  to   injure   Fire   Alarm   Telegraph 379 

Fire  Department,  how  composed  446 

Fire  Masters  may  prohibit  the  use  of  public  wells 465 

Government  of  Department  vested  in  Board  450 

Number  of  engines,  etc 445 

Officers  not  to  leave  City  without  written  permission 456 

Officers    of 446 

Penalty  for  shutting  off  gas  without  order 461 

Persons  not  allowed  within  line  of  operations  of 458 

Police  or  person  giving  an  alarm  to  remain  at  the  bo.x  to 

locate    the    fire 375 

Right  of  way,  apparatus  to  have 453 

Salaries    of    officers    and    men 449 

Salvage  corps  a  part  of      Fire   Department 470 

Salvage  corps,  its  authority  and  duty 470 

Signs  to  be  placed  at  alarm  boxes  and  Chief  to  inspect 

same 468 

Term   of   office   of   employees   450 

L^nlawful   to   drive   in   streets   where   Department   is   sup- 
pressing  a   fire   454 

Unlawful  to  give  false  alarm  or  injure  boxes  467 

Unlawful  to  make  or  have  in  possession  duplicate  keys 

to    fire    alarm    boxes    467 

L^nlawful   to   obstruct   fire  wells,   hydrants,   etc 463 

LTnlawful   to  run  wires  so  near  fire  alarm  wires  as   to 

affect  their  working 464 

LTnlawful  to  tie  horses  to  or  place  obstructions  near  pole 

of    Fire    Alarm    Telegraph 464  [ 


432 


INDEX. 


Ord  .     Acts 


FIRE  ESCAPES—  Sec.      Page 
Duty  of  Chief,   Assistant   Chiefs,   etc.,  of  Fire   Depart- 
ment  with    reference   to   471-476 

Penalty    where    owner    refuses    or    neglects    to    provide 

after    notice    475 

Proceedings  to  compel   erection  of 472 

Proceedings  where  parties,  after  notice,  neglect  to  provide  473 

To  be  approved  by  Chief  and  Assistants 471 

To  be  kept  in  good  repair  and  kept   free   from  incinn- 

brance    471 

To  be  provided  in  buildings  used  by  two  or  more  families  472 
To  be  provided  in  buildings  where  operatives  are  em- 
ployed in  stories  above  the  first  story 472 

To    be    used    in    school    houses,    theatres,    hotels,    office 

buildings,    etc 472 

FIRE  LIMITS— (See  Builduigs.) 

FIRE  WELLS— 

Fire-Masters    to    control    use    of 465 

To  be  under  supervision  of  Fire-Masters 206 

Unlawful   to  place   obstructions   near 463 

FIRE  WOOD— (See  Wood.) 

FIREWORKS— 

Shooting    of    squibs,    crackers    or    other    fireworks    pro- 
hibited except  at  certain  times  and  in  certain  places 694 

Penalty    for 695 

FISH— 

Market    for    sale    of 490 

Not  to  be  sold  on  the  Battery 808 

Regulations   for  sale  of,  to  be  established  by  Commis- 
sioners   of   the   Market   ". 490 

Sale  of  fish  on  the  streets 491 

Sale  of,  on  Sundav  prohmited  493 

1-ISHERMAN— • 

Dues   from,   to  be  collected   by   Assistant   Clerk   of   the 

Markets    /. 491 

Not  to  land  on  or  embark  from  the  Battery - 808 

To  obtain  permit  for  sale  of  fish 491 

FISHING   BOATS— 

Not  to  be  made  fast  to  the  Battery 808 

FIbHING   NETS— 

Not  to  be  hung  on  the  railing  of  the  Battery 808 

Franchise     ...- 319 

FREIGHT    BUREAU— 

Appropriation    for   404 

Board  of  Freight  Commissioners  established  as  one  of 

the   municipal    boards   of   the    City 399 

Board  to  report  annually  to  Council  403 

Clerk    402 

Compensation    of   Manager   and    Clerk 402 

riow    composed    400 

How   vacancies   filled   401 

Manager   or    Inspector 402 

Power  and  duties  of  Board  402 

Rules    402 

Franchise    319 


i 


I 


INDEX.  433 

Ord.     Acts 

GAMBLING  AND  GAMBLING  HOUSES—  Sec.      Page 

Lotteries    prohibited    751 

Lotteries,  wheels,  etc.,  to  be  broken  up  publicly 751 

Penalties     75 1 

Prohibited,    and    penalty    imposed 750 

Sale  of  lottery  tickets  prohibited   751 

GARBAGE— 

Removal   of  346 

GAS— 

Notice  to  be  given  to  inmates  of  house  on  fire,  before 

gas    is    shut    off    461 

Penalty  for  shutting  oft',  without  such  notice 461 

Penalty  for  shutting  off,  without  orders  from  Chief  of 

Fire    Department    461 

To  be  shut  off  from  any  house  on  fire,  or  about  to  take 

fire    : 460 

Consumption    of    Gas    in    City    Institutions    regulated. ..i.—  382 

GASOLENE— (See  Inflammable  Oils) 683 

GRAVES— 

Containing  the  remains  of  a  previous  burial  not  to  be 

opened   for   the   purpose   of  a   new   interment 324 

Depth  of  : 3-5 

Not  to  be  opened  for  the  purpose  of  removing  the  dead 

without  a  permit  324 

GREEN  GROCERS— (See  Market.) 

GUANO— 

Storage   of   regulated 702 

GUARDIANS— 

Authorized  to  exchange  scratched   for  clean  bonds 402 

GUNPOWDER—    ' 

How  to  be  carried  through  the  City 676 

How   to   be   kept    678 

License   to    sell,    how    obtained 677 

Not  lawful  to  sell   without  a  license 677 

Not  more  than  25  lbs.  to  be  kept  by  dealers  in  the  City 679 

Not  to  be  stored  in  Citj^  680 

GUNS— 

Firing  of,   within  the   City  prohibited  694 

HACKS  AND  HACKMEN— 

Flourishing    whip    prohibited    636 

Indecent   or   profane   language,   boisterous   talking,   etc., 

prohibited 634 

Loose   and   careless    driving   prohibited 633 

Not  to  leave  his  vehicle  and  team  unattended 636 

Not  to  obstruct  street  crossings 635 

Not  to  vex  or  annoy  travelers   or  citizens  or  obstruct 

any    sidewalk    .'. 634 

Penalty  for  demanding  more  than  fare  allowed  642 

Penalty  for  laying  hold  of  baggage  without  consent  of 

owner     643 

Penalty  for  resisting  police  officer 637 

Rates  of  fare  for  hacks  640 

Snapping  of  whip,  etc.,  at  railroad  or  steamboat  termi- 
nation  prohibited   .•. 634 


434 


INDEX 


Ord.     Acts 


Sec.      Page 

Unlawful   to  carry  persons   with   infectious   disease 644 

Stands   for   located   647 

Rates  of  fare  to  be  posted  in  vehicles 649 

Driver  to  wear  badge  650 

HARBOR— 

City  Council  authorized  to  make  by-laws  and  Ordi- 
nances concerning  the  331 

HARBOR  master- 
To  notify  ships  using  donkey  engines  in  loading  cotton 

to    have    spark    arresters    661 

HAY  AND  FODDER— 

Must  be  weighed  at  public  scales 542 

HEALTH    OFFICER— 

Certificates   of   death   to   be   delivered   to,   each   day 386 

Duties   of   283 

Duty  of  with  reference  to  draining  or  filling  low  lots  315-321 

Election    of 283 

Ex-officio  member  of  Board  of  Inspection  for  examina- 
tion  of   low   lots   316 

Salary   of   ^ 287 

Shall  attend  all  meetings  and  carry  out  orders  of  Board 

and     Mayor    284 

Shall  be  Secretary  of  Board  of  Health  284 

Shall  keep  a  record  book  for  complaints  of  nuisances 288 

Shall  keep  a  record  book  of  all  reports  from  City  Dis- 
pensary Physicians,  Shirra's  Dispensary  Physicians 
and  City  Hospital  Physicians,  tabulate  same  and  pre- 
sent them  to  City  Council 285 

Shall  keep  a  record  of  births,  deaths  and  marriages 283 

Shall  keep  a  public  register  of  all  deaths  283 

Shall  make  full  reports  to  Council  on  the  first  Monday  in 

January     283 

Shall  prepare  and  publish  weekly  bills  of  mortality 283 

Shall   receive   burial   certificates    from    sextons,   and   keep 

record    of    same    284 

To  be  ex-officio  a  member  of  Board  of  Sewer   Commis- 
sioners     184 

To  be  fined  for  neglect  of  duty  in  reference  to  filling  low 

lots    321 

To  issue  burial  permits  330 

HEARSE-KEEPERS— 

Not  to  convey  a  corpse  unless  licensed  and  supplied  with 

a  death  certificate  from  Physician  or  Coroner 330 

To  be   licensed  by   Board   of   Health 330 

HEARTHS— 

To  be  built  on  an  arch  of  l^rick  or  stone 504 

HIGH  SCHOOL  OF  CHARLESTON— 

Annual  appropriation   for  408 

Board  of  Trustees  of,  how  composed,  Mayor  ex -officio,  a 

member 406 

City  Council  to  contract  to  pay  annuity  for  certain  period  408 
City  Council  to  convey  lot  and  buildings  Cor.  George  and 

Meeting    Streets 408 


INDEX.  435 

Ord  .     Acts 

Sec.      Page 

Commissioners  to  cancel   bonds   407 

Conveyance  of  lot  and  buildings  to _ 408 

Declared  a  body  corporate,  style  and  title  of 406 

Rights  and  powers  of  406 

To  make  by-laws  and  rules  406 

To  recommend  for  appointment  by  the  Governor  two  Com- 
missioners on  the  School  Board  321 

Vacancies  on  Board  of  Trustees  of,  how   filled 406 

HIGHER  EDUCATION  AND  SCHOOL  BOARD  RE-OR- 
GANIZATION—(See   School    Commissioners.) 
HOGS— 

Commissioners  of  Markets  to  establish  a  market  for 519 

Not  to  be  kept  within  limits  of  City  344 

HOME— WILLIAM      ENSTON— (See      William      Enston 
Home. ) 

HORSES— 

Carcass  of  dead  animals  not  to  be  thrown  or  left  m  street  341 

Cruelty  to,  prohibited  646 

Duty  of  owner  to   remove  dead  animal   342 

Not  to  be  ridden,  led  or  driven  in  White  Point  Garden 811 

Not  to  be  ridden  or  driven  faster  than  six  miles  an  hour.-  631 

Not  be  tied  to  any  lamp  post 164 

Not   to   run   at   large 628 

Racing  of  animals  in  City  prohibited - 630 

Unlawful  to  keep  in  City  any  animal  having  glanders  or 

"farcv"     645 

HOSPITAL— (See  Citv  Hospital.) 

HOUSE   OF   CORRECTION— 

Commissioners  of  Public  Lands  to  elect  officers  and  make 

rules   for  355 

INDUSTRIAL  SCHOOL  FOR  COLORED  ORPHANS— 

Establishment   of   375 

Commissioners  of.  appointed  by  Mayor  375 

Commissioners  of  to  hold  all   donations  in  trust 376 

Commissioners  of  to  report  annually  to  City  Council 376 

IMPRISONMENT— 

City   Council   authorized  to   impose   for   violation   of   City 

(Ordinances    345 

City  Court  vested  with  power  to  impose  409 

INDECENT    BOOKS,    PAPERS,    PICTURES,    Etc.— 

Penalty   and    punishment    740 

Printing,   selling  or  the  exhibiting  of,   prohibited 740 

INFLAMMABLE    OILS. 

Chief  of  Fire   Department   to  inspect   distributing   Plants 

.-.; 688-691 

Distributing  plants  to  lay  pipes  through  streets 692 

Distributing   plants   regulated   686 

Distributing  plants  to  employ  watchman 687 

Fire   test 681 

Gasolene,    Benzine,    etc.,    how    stored 684 

Petroleum,   how   stored   685 

Storage  of,  how  regulated  683 


436  ^^'°'^^'- 

Ord  .     Acts 

Sec.      Page 
INSPECTORS   AND   MEASURERS    OF   TIMBER   AND 
LUMBER— 

Bond  and  oath  of  56-2 

City  Council  authorized  to  elect  562 

Fees    of    566 

Inspectors  not  to  be  interested  in  sales 562 

Penalty  for  measuring,  by  side  and  edge  measurement 563 

Rules    for   measuring   563 

Sale  of  timber  in  bulk  564 

Sales  to  be  by  board  measurement  563 

Seller  and  buyer  to   select   measurer 565 

INSPECTOR    OF    WEIGHTS    AND    AIEASURES— (See 

Weights  and  Measures.) 
INSURANCE   COMPANIES— 

Assessment   and   taxation   of 66-69 

Agents    personally    responsible    for    taxes    66 

Of  this   City  not   required  to   return  property   owned   by 
them   in  other   States 67 

INVESTMENTS— 

In  Bonds — phrase  defined  51 

In    Stocks — phrase    defined    51 

INTENDANT— (See  Mayor.)  — 
INTERMENT  AND  CEMETERIES— 

Authority  of  City  Council  with   reference  to 385-386 

Certificates  to  be  entered  in  book  of  Keeper  of  Cemetery  386 

Committee  on  Cemeteries  may  make  alterations  in  vaults 

at  expense  of  owners  335 

Graves  to  be  six  feet   deep  325 

Hearse  keepers  to  give  certificate 386 

No    interment    to    be    made    without    a    license    from    the 

Board  of  Health   ^^t^2 

None    but    pewholderr,    or    worshippers    in    some    church 

in  the  City  to  be  buried  326 

Penalty   for   interment   in   any   other   burial   ground   than 

those   already   established   323 

Physicians  and  Coroners  to  be  required  to  give  certificates  386 

Unlawful  to  open  any  grave  containing  previous  burial....  324 
Unlawful  to  remove  a  body  without  permit  from  Health 

Officer    324 

Vaults  not  to  be  constructed  above  or  below  ground t^zj 

Vaults  not  to  be  opened  to  receive  for  temporary  deposit 

the  body  of  any  person  not  entitled  to  sepulture  within 

the    City ^2/ 

Vaults  so  constructed  as  to  expose  remains  of  the  dead, 

not  to  be  opened  to  receive  additional  bodies  s^? 

JUNK  SHOPS— 

Keepers  of,  not   to   trade   with   minors   and  apprentices....  706 

Penalties    707 

Subject  to  Inspection  of  Mayor  and  Chief  of  Police 705 

To  make  daily  reports  to  Chief  of  Police 708 

Shops  to  be  kept  open  only  between  sunrise  and  sunset....  705 

To  he  licensed   703 

To  keep  a  book  open  to  Mayor  and  Chief  of  Police 704 


INDEX.  437 

Ord  .     Acts 

JURY— (See   City   Court.)  Sec.      Page 

KEROSENE— (See   Intlammable   Oils.) 
KING  STREET— 

Loaded  carts  not  to  be  driven  through  639 

KITES— 

Flying  of,   prohibited   694 

LAMPS    AND    LAMP-POSTS— 

Any  Light  Co.  authorized  to  erect  156 

Penalty  for  breaking  or  removing  or  taking  burners  from   156 
Unlawful  for  any  person  not  connected  with  Gas.  Co.,  to 

light    or   extinguish    lamps 243 

Ll^nlawful  to  tie  anv  horse  or  mule  to  157 

LICENSES— 

City   Council   authorized   to   require   362 

LOW  LOTS— 

Authority  for  filling  up  vested  exclusively  in  City  Council  388 

isoard  of  Inspection  to  make  report  to  City  Council 316 

City  Council  authorized  to  compel  owners  to  drain  or  fill 

same  387 

Expenses  of  filling  to  be  recovered  in  Court  of  Common 

Pleas 389 

How  filled  and  drained  316-321 

When   expense   of   filling   exceed   one-half   the   value,   lot 

to    be    condemned 390 

How  such  condemnatioij  shall  be  made 390 

Low  lots  in  a  state  of  nuisance  to  be  filled  up 389 

Notice  to  be  served  on  owners  389 

To  be  examined  by  Board  of  Inspection 316 

MANUFACTURERS— 

Returjis   of 58 

vV^ho  are  58 

MARION  SOU  ARE— 

Board   of   Commissioners    821 

Duties   of   Board    823 

Location    of    820 

Powers  of  Board  822 

Uses    of    820 

MARKET— 

Additional  stalls  to  be  granted  to  those  needing  more  tnan 

one    482 

Articles   brought   into    Market    for    sale    without    permis- 
sion, to  be  seized 480-481 

Butchers  not  to  transfer  stalls 482 

tSutchers  to  keep  their  own  scales  and  weigh  on  same 498 

Butchers  to  wear  white  aprons 499 

Carts   (Butcher's)   remaining  at 487 

Cattle  and  sheep,  swine,  etc.,  not  to  be  killed  in  the  City, 

except  in  such  places  as  the  Commissioners  appoint 485 

Certificate   of   stall,   what   to   contain 483 

Certificates  to  be  given  to  holders  of  stalls... 483 

Clerk    of    Market,    duties    of 505 

Clerk   of   Market    given    same   powers   and   charged    with 
.same  duties  as  to  Green  Grocers  as  he  has  to  the  Market  505 


438  ^^'^'^'■^- 


Ord  .     Acts 
Sec.      Page 


Clerk  of  Market  not  to  keep  books  for  persons  selling  in 

the    510 

Clerk  of  Market,  oath  of  office - 508 

Clerk  of  Market,  office  hours  of  SH 

Clerk  of  Market,  penalty  for  obstructing  the 513 

Clerk   of   Market    to    countersign    certificates    of    rent    of 

stalls    483 

Clerk  of  Market  to  employ  deputies  only  with  consent  of 

Commissioners    5^9 

Clerk  of  Market   to  give   bond   507 

Clerk   of   Market    vested   with    powers    of   policeman 508 

Commissioners  authorized  to  alter  the  rates  for  stands 489 

Commissioners  to  establish  regulations  for  sale  of  fish 491 

Commissioners  authorized   to   make   improvements   in 477 

Commissioners  may  vacate  lease  of  any  stall 480 

Commissioners  not  to  make  contracts  over  $100  without 

sanction   of   City   Council ■ 503 

Commissioners  of,  to  have  under  their  control  all  weights, 

measures,    etc - -■  532 

Commissioners  to  elect   officers,   prescribe   duties   and   fix 

salaries    Sd 

Commissioners  to  establish  a  market  for  sale  of  cattle 519 

Commissioners  to  make  quarterly  returns  to  City  Treas- 
urer          tr 502 

Commissioners  to  make  regulations   for  the  management 

of    ts ; : 501 

Commissioners  to  make  rules  for  the  sale  of  articles  in  the  504 
Commissioners  to  regulate  commissions  on  sales  in  market  496 

Election   of   Commissioners   500 

Fines,  recovery  of  and  disposition  of 516 

Fresh  meat  to  be  sold  only  in  the  market  or  in  Green  Gro- 
ceries     : -; 484 

Green  Grocers  subject  to  rules  of  market  and  regulations 

of   Commissioners 521 

Green  Grocers  under  control  of  Commissioners  and  Clerk 

of    Market 417 

Green  Grocers,  licenses  for 521 

Manner  in  which  butchers   shall  carry  meat  to  and  from 

486-488 

Market   hours    regulated   492 

Market  to  be  held  every  day  in  the  week  except  Sunday....  492 

Meeting   of   Commissioners    501 

Mode  of  enforcing  payment  of  stall  rent 48; 

No  butcher  pen  to  be  South  of  Line  Street Sic- 

No  person  allowed  to  sell  in,  except  lessee  of  stall 479 

No  sales  to  be  made  in  the  market  on  Sunday 493 

Penalty    for    selling    after    market    hours 492 

Police  to  attend  in  the  market  5i7 

Powers  of  Commissioners  Soi 

Price    for   vegetable    stands   489 

Regulations  as  to  butcher's  carts  remaining  at 488 

Renting  of  stalls  in 478 

Sales  of  meats  on   Saturday 494 


INDEX.  439 

Ord  .     Acts 

Sec.      Page 

Sale  of  unwholesome   food   forbidden   495 

Unlawful  to  assault  or  obstruct  a  butcher 514 

Unwholesome  food  to  be  burnt  or  destroyed 495 

MARRIAGES— 

City   Council   authorized   to   require   registration   of 301 

MAYOR— 

Action   of.   in   relation   to   unsafe   buildings 376-379 

Appoint    Commissioners    for   the   planting   and   protecting 

of   shade   trees    158 

Authority  and  duty  in  case  of  riots 5  m 

Authorized   to   appoint   a   special   detective   for   Assessor's 

Department    423  j 

Authorized  to  send  persons  to  Alms  House  352 

Charged    with    discipline    of   police 5 

Duties   of 3 

Election  for,  when  and  how  to  be  held 411-348 

Eligible    more    than    three    years 341 

Empowered   to   enforce    the    attendance   of    witnesses    re- 
quired before  Council  339 

Ex-officio  a  member  of  Charleston  College  Fund 405 

Ex-officio  a  member  of  the  Trustees  of  the  High  School 

of    Charleston    406 

In  case  of  absence  or  inability  of,  Mayor  pro  tempore  may 

be  elected  by  Aldermen  342 

In  case  of  sickness  or  temporary  absence,  who  shall  act  as  342 

May  appoint  a   Board  of  Health 259 

May  bring  Officers  of  Police  to  trial.... 5 

May,   by   compulsory   process,   compel    the   attendance    of 

witnesses  before  the  Police  Court 341 

May  employ  additional  counsel  on  particular  occasions....     26 

May  punish  for  contempt  341 

May  require  all  City  Officers  to  furnish  written  informa- 
tion    6 

Penalty    for    malfeasance ^^6 

Penalty  for  refusing  to  act  as. 336 

Qualifications  required  of  339 

Salary  of  _ 12 

Shall  annually  in  January  nominate  to  Council  Chief  and 

Lieutenants  of  Police  424 

Shall  examine  assessments  made  by  Assessor  7 

Shall    e.xamine   books   of   City   Treasurer 7 

Shall  give  direction  to  Police  and  all  other  City  officers....       9 

Shall  have  office  at  the  Council  Chamber 10 

Shall  have  power  to  inspect  books  and  records  of  City  offi- 
cers          6 

Shall  inspect  all  City  work  .^ 8 

Title  of  Intendant  changed  to  that  of 340 

To  appoint  a  Board  of  seven  Fire  Commissioners,  and  to 

be  ex-officio,  a  member  of  same  445 

To  appoint  a  Board  of  Sewerage  Commissioners,  and  to  be 

ex-officio  a  member  of  same 184 

To  appoint  Board  of  Commissioners  of  the  Colonial  Com- 
mon and  Ashley  River  Embankment 816 

To  appoint  Board  of  Health 259 


440 


INDEX. 


Ord  .     Act 


s 


Sec.      Pace 

To  appoint   ten   Connnissioners   of   City   Hospital yj"] 

To  be  a  member  of  Board  of  Park  Commissioners 803 

To  be  elected  from  among  the  corporators,    (see  note  to 

page) 335 

To  be  ex-officio  a  Trustee  of  the  Wm.  Enston  Home 388 

To  designate  to  Superintendent  of  Streets  where  garbage 

shall  be   deposited  138 

To  enter  anj'  building  or  other  enclosure  where  cotton  loose 

or  in  bales  is  unlawfully  stored  and  have  same  removed  664 

To  inspect  unsafe  buildings  376 

To  issue  warrants  and  cause  offenders  to  be  brought  be- 
fore the  Police  Court  341 

To  make  annual  reports  to  Council  11 

To  make  reports  to  Council  5 

To  qualify  in  the  presence  of  the  Aldermen 335 

To  summon  Aldermen  to  meet  in  Council  whenever  neces- 
sary      331 

To   summon   meetings    of   Council    4  331 

Vacancies  in  oflfice,  how  filled  331-350 

Vested  with  powers  of  Justice  of  the  Quorum     339 

Vested  with  powers  formerly  exercised  by  Intendant 341 

With  Committee  on  Streets,  shall  direct  the  building  and 

repairing   of    sidewalks    137 

With   Committee  on   Streets,  to  establish  regulations   for 

the    Street    Deoartment 135 

MAYOR'S   SECRETARY  AND  CUSTODIAN  OF  CITY  HALL— 

Authorized  to  arrest  any  one  injuring  City  Hall 801 

Authorized  to  take  into  custody  any  one  injuring  City  Hall  801 

Duties   of   800 

Election  of  798 

Salary   of 802 

To  have  a  janitor  for  City  Hall 799 

To  take  charge  of  City  Hall  and  attend  dailv 799 

MEASURES— 

Commissioners   to   establish   an   office   for   the   inspection, 

etc..    of 532 

Contents  of  dry  and  wine  528 

Every  owner  or  keeper  of  a  retail  grocery  to  keep  a  com- 
plete set  of  545 

Fees  for  the  inspection  of 532 

Found  below  the  standard  to  be  forfeited 538 

Of  capacity,  the  cubic  inch  the  standard  528 

Of  extension,  the  inch,  the  foot,  and  the  yard  declared  to 

be  the  standard  536 

Of  what  materials  to  be  made 531 

Penalty  for  refusing  to  present  them  when  demanded  for 

inspection    545 

Presented  for  examination  to  be  stamped  if  correct 539 

Ouarter  pecks  to  be  used  as,  in  the  sale  of  grain,  etc 530 

To  be  inspected,  etc.,  once  in  every  three  months 533 

To  be  under  the  government,  etc.,  of  the  Commissioners 

of  the  Markets  532 

LTnlawful  to  use  any,  for  measuring  wine  or  liquids  not 
of  the  standard  capacity  and  stamped  534 


I 


I 


INDEX.  44^ 

Okd  .     Acts 

Sec.      Page 
Unlawful  to  use  any,  for  measuring  grain,  salt  and  other 

commodities,  not  of  the  standard  capacity  and  stamped  535 
Unlawful  to  use  any  yard-stick  not  of  the  standard  length 

and   stamped   536 

Unstamped,  deficient,  etc.,  to  be  seized  538 

What    shall    be    sold    by   dry   and    wine    529 

AIERCHANTS— 

Returns   of  57 

MILL  PONDS— 

Construction  of  locks  for 1O7 

L'nlawful    to    drain    .     167 

MONEYS— 

The    term     defined 51 

MULES— (See   Horse.s.) 

NAPHTHA— (See  Inflammable  Oils.) 

NAVAL  STORES— 

Where    to    be    stored 693 

NEAT  CATTLE— 

Commissioners    of    Market  to  establish  a  market  for  sale  of  519 

NON-RESIDENTS— 

Income  of,  liable  to  taxation 361 

NUISANCES— (See  Board  of  Health.) 

OATS— 

To  be  sold  by  weight,  at  rate  of  ^2  lbs.  per  bushel 558 

Penalty  for  selling  otherwise   .  ^qg 

OFFAL-  _ 

L^nlawiul    to    throw    anv    upon    sidewalk 740 

OFFICIAL  BONDS— 

Applicants   for   office   to   name   sureties   on 778 

By  whom  to  be  exammed  781 

Conditions    of    .' 779 

To  be  approved  bv  Council  780 

OFFICERS— 

Boards    may   elect    one   of   its    members    as    Secretary   or 

Treasurer,   or   both   yjj 

Bonds    of 778-781 

Citv  Council  Authorized  to  appoint  all  necessar}- 332 

Commissioners    of    Public    Institutions    authorized    to    re- 

niove    767 

Council  may  alter  salaries  and  prescribe  additional  duties  77^, 

Election    of,    time    for 764 

Elections  by  Comftiissioners  subject  to  approval  of  Council  769 

Forbidden   to   take   contracts 776  404 

If  Commissioners  be  not  elected,  or  resign,  Aldermen  shall 

perform   the   duties   ., 770 

of  public  institutions  to  be  annually  elected 766 

Penalty   on   officers    for   taking   illegal    fees 771 

Rations  to  be  allowed  officers  of  certain  institutions 772 

Subject    to    removal    for   cause 775 

To   be    residents    of    City   774 

To   make  annual    report   to   Mayor 782 

Vacancies,  how  filled 765 

Vacancies   in  offices  of  public  institutions,  how   filled 768 

OILS— (See    Inflammable    Oils) 681 


442 


INDEX. 


Ord.     Acts 

Sec.      P.\c.e 
OPIUM— 

Unlawful   to   sell   75^ 

ORPHAN  HOUSE— 

Commissioners    to    appoint    officers 360 

Commissioners   to   makes   rules   for   the   government   of....  358 
Commissioners   to   record   in   a   journal   the   names   of   all 
donors,   etc.,   and   copy   in    same    the   clauses   of   deeds, 

wills,    etc.,    referring    to    same 365 

Commissioners   to   render  to   Council   a   statement   of   the 

funds     364 

Council  .to    elect   annually   a   physician 361 

Donations,  devises  and  bequests  to  be  held  by  commission- 
ers  and    invested   363 

Election  of  twelve  commissioners  of,  to  be  annual 358 

Escheated  property  in  Charleston  to  be  applied  to  benefit 

of    »^ 367  391 

How   investments   are   to   be   made 363 

Income  and  dividends  of  investments  to  be  applied  to  the 

designs   of   the   benefactors    364 

Investments  by  Trustees  to  be  made  with  approbation  of 

commissioners  and  consent  of  Council 367 

Investments  are  to  be  in  name  of  Trustees,  are  declared 
to  be  sacred  and  are  to  be  forever  kept  distinct  from  all 

other   City   funds   368 

Rations    allowed    officers    of 17- 

The  Mayor,  the  Chairman  of  the  Board  and  City  Treas- 
urer to  be  Trustees  of  Orphan  House  funds  and  estate  366 

Trustees   to   invest    funds   366-370 

Trustees  to  report  to  Council  annually ZT^ 

Value    of    escheated    property    for    benefit    of,    limited    to 

$100,000 391 

Who   shall   be  admitted   into 359 

PARADES— 

Unlawful    to    follow    75- 

PARK  COMMISSIONERS— 

Board    of,    established 803 

Composition  of  and  how  appointed  804 

Contracts,  how  to  be  made 806 

Duties    and    powers    of 805-807 

Term    of    office 804 

To  make  annual  report  to  Council 806 

Vacancies,  how  filled  -•- 804 

PAVEMENTS— 

Awnings    obstructing    pavements    prohibited 438 

Awnings    over   to   be    rolled    up    at    night 44° 

Barrels  not  to  be  rolled  on  pavements 435 

Encroachments  on  prohibited I44 

Expense  for  opening  to  be  paid  by  applicant 148 

Glass,  etc.,  not  to  be  thrown  in  streets I45 

Penalty   for   opening   without   permission 149 

Posts    erected    on    prohibited    439 

Posts,   penalti,es    for   irhiry   to 4.^6 

Refuse   meat,   bones,   etc.,   fruit   skins,   not   to   be   thrown 
on    streets    or    sidewalks I45 


\ 


INDEX.  443 

Ord  .     Acts 

Sec.      Page 
Streets  or  sidewalks  not  to  be  opened  without  permission 

Supt.    of    Streets    150 

To  be  protected  by  platforms  for  carriages,  etc 146 

Unlawful  to  draw  off  oil   from  any  cask  upon  the  pave- 
ment     k f-  433 

Unlawful  to  take   up  without  permission 147 

Unlawful    to    spit    on    sidewalks 754 

Unlawful  to  throw  paper  on 347 

Unlawful    to    throw    water    on 74° 

PAWN  BROKERS— 

Keepers  of  not  to  trade  with  minors  and  apprentices 706 

Penalties  for  violating  law  in  relation  to 707-709 

Shops  to  be  kept  open  only  between  sunrise  and  sunset....  705 

To  be  licensed  703 

To  keep  a  book  open  to  inspection  of  Mayor  and  Chief 

of    Police    - 704 

To  make  dailv  reports  to  Chief  of  Police -■  708 

PENALTIES—  ' 

City   Council   empowered   to   recover 33^ 

Whenever   in   Ordinances   the   only  penalty  is   a   fine   not 
exceeding  $100,  the  Court  may  impose  as  an  alternative 

imprisonment    not    exceeding    thirtv    davs 832 

PERJURY— 

As    to    origin    of    fires - 381 

PERSONAL   PROPERTY— (See  Assessments.) 
PETROLEUM— (See  Litiammable  Oils.) 
PHYSICIANS— 

Board  of  Health  to  furnish  blank  certificates  to 333 

To   give   certificate   on   death   of  patients 334 

To  report  all  cases  of  infectious,  contagious  or  pestilential 

diseases 265 

PHYSICIANS    FOR    THE    POOR— (See    City    Dispensary 

Phvsicians.) 
PHYSICIAN  OF  CITY  HOSPITAL— (See  City  Hospital.) 
PHYSICIAN   OF  THE  ORPHAN   HOUSE— 

Duties  of  361 

Salary   of   361 

To  be  annually  elected  by  City  Council 361 

To    make    no    charge    for    attendance    on    any    officer    or 
assistant    362 

PISTOLS— 

Firing    of,    within    the    City    prohibited 694-696 

Unlawful  to  sell 697 

Penalty   for  violation  698 

PITCH— 

Landing  and   storing  of 693 

POLICE— 

Appointments  and  discharges  425 

Assaulting  the  police,  penalty  for 444 

Authorized   to   arrest   without   warrant   persons   violating 

any    laws    of    the    State 392 


444 


INDEX. 


378 


Ord  .     Acts 

Sec.      Page 
Authorized  to  enter  any  house  without  warrant  upon  hear- 
ing loud  and  tumultous  noises 392 

Bonds  to  be  given  bj'  Chief  and  Lieutenants 427 

Chief    and    Lieutenants    to    be    annually    nominated    by 

the   Maj'or   424 

Chief  of   Fire   Department   to   report   his   findings   of  the 

origin  of  fires  to  Chief  of 380 

Chief  of.  to  have  fierce  and  dangerous  dogs  killed 657 

Chief  to  detail  members  of  Police  to  aid  Chief  of  Fire  De- 
partment in  certain  cases 381 

Chief  to  make  quarterly  reports  to  Council 431 

Citizens    called   to    assistance    of,    entitled    to    immunities 

and    exemptions    in    certain    cases 393 

Duty  of  Chief  in  proceedings  in  relation  to  unsafe  build- 
ings     

Felony  to  injure  Police  telephone  394 

Fines    ..: 423 

Force,  how  composed  422 

Force  to  co-operate   in   enforcement  of  dispensary  law....  443 

No  policeman  entitled  to  fines 430 

Relief    and     Pension     Fund    established!. - 430 

Resisting    officer,    penalty    for 637 

Rights  of  Police  between  City  limits  and  county  line 393 

Salaries   and   pay 423 

Special   detectives   for   dispensary  law 442 

Special    Policemen,    and    pay    of'  same 428-429 

Suspension  and  trial  of  officers 426 

To  aid  Commissioners  of  Market  in  enforcing  regulations 

as  to  weights  and  measures 543 

To   arrest    offenders    and    preserve    order    637 

To  attend  in  the  Market 517 

To  be  stationed  before  churches  on  Sunday 761-762 

To   execute   orders   of   Board   of    Health 266-281 

To  report  accident  or  impediment  to  fire  alarm  telegraph..  464 
To  report  violations  of  law  as  to  buildings,  roofs,  etc 583 

POLICE  COURT— 

Contempt    of,   punishable    408 

Offenders  to  be  brought  before 409 

Vested   with   jurisdiction   to   try,   determine,   and   impose 

penalties   authorized   by   Ordinances 409 

Jury  trial   in   410 

Witnesses  required,  compelled  to  attend 408 

POLLING  PLACES— 

Location  of,  designated 351 

POOL  SELLING— 

Unlawful    749 

POOR,  THE— 

Admission    into    charitable    institutions 383 

City  Council  authorized  to  make  by-laws  and  ordinances 

respecting    the    care    of 331 

Bringing   paupers    into   the   city   prohibited 384 


INDEX.  445 

Ord  .     Acts 

Sec.     Page 
Non-residents  coming  to  the  city  for  the  purpose  of  ad- 
mission   into    charitable    institutions    forbidden 385 

Penalty 384,    385 

POSTS— 

Penalty  for  carrying  away  or  injuring 436 

POTTER'S  FIELD— 

Commissioners  of  Public  Lands  charged  with  the  control 
and  utilization  of  354 

PRIVY  VAULTS— 

Contents   to  be   removed   in   air  tight  vessels 280-315 

Persons   engaged    in    cleaning   must    obtain    license    from 

Board  of  Health  315 

Sanitary  Inspectors  to  examine  and  report 278-262 

To  be  cleaned  once  a  year 315 

To  be  so  constructed  that  contents  cannot  overflow— .277-313 
Unlawful  to  construct  less  than  10  feet  from  line  of  street  312 
Unlawful  without  permission  to  connect  with  drains 314 

PUBLIC  BUILDINGS  AND  HOUSES— 

Council  authorized  to  make  By-Laws  and  Ordinances 331 

Injury    to    and    trespass    on    prohibited 755 

To  be  kept   cleaned   2Z7 

PUBLIC  CEMETERY— 

Commissioners  of  Public  Lands  to  elect  officers  and  make 
rules  for  355 

PUBLIC  LANDS,  COMMISSIONERS  OF— 

Charged  with  control  and  utilization  of  Potter's   Field....  354 
Charged  with  control  of  land  at  Corner  Line  and  Presi- 
dent  streets  354 

Election    of   354 

To  apply  to  labor  those  sentenced  to  House  of  Correction  356 
To   elect   officers    and   make   rules    for    Public    Cemetery, 

Ashley   River  Asylum  and   House   of   Correction 355 

To  pay  weekly  to  City  Treasurer  all  moneys  received  by 
them  357 

PUMPS,  PUBLIC—  •     . 

Casks  not  to  be  filled  from,  without  using  a  funnel 205 

City    Council    authorized    to    make    By-Laws    and    Ordi- 
nances respecting  331 

Penalty  for  injuring 204 

Regulations    for   sinking   of 204 

To  be  under  the  supervision  of  the  Board  of  Fire-Masters  206 

Unlawful    to    place    obstructions    near 463 

Unlawful    to    wash    horses,    carriages,    clothes,    or    other 
things  at  204 

QUORUM  OF  CITY  COUNCIL— 

For    the    imposition    of    taxes    and    the    appropriation    of 

money    345 

For  the  transaction  of  all  other  business 34c 

RACING— 

Of  animals   within   limits   of   city 630 

RAILROADS— 

A  man  with  a  red  flag  to  be  stationed  at 726 

30 


446 


INDEX. 


Ord.     Acts 
Sec.      Page 


Flagman  to  prevent  vehicles  and  pedestrians  from  cross- 
ing      - 12-] 

Policemen,   Special,  may  be  appointed 730 

Limit  of  speed  in  the  city 7^6 

Penalty  for  attempting  to  cross  after  being  warned 729 

Obstructing  streets,   unlawful   7^5 

Unlawful  to  blow  whistles  in  the  city 724 

Unlawful  to  get  off  or  on  cars  when  in  motion 730 

RAILROADS— (Street.)      See  City  Railway. 

Cars  not  to  stop  so  as  to  obstruct  intersecting  streets 720 

Cars  to  have  number  painted  on  side  and  carry  a  lamp  at 

night  ■ 717 

City  Council  have  right  from  time  to  time  to  make  altera- 
tions and  amendments  to  regulations 723 

Duty    of    conductors    and    drivers 722 

Hours   when   cars   shall    run 712 

If  cars  not  run  for  three  months,  road  may  be  rented 718 

If  cars  not  run  for  twelve  months,  road  may  be  sold 718 

Lines  north  of  Line  Street,  regulations  for 714 

Must   follow   regulations   prescribed 711 

Must  keep  in  repair  bridges,  drains,  etc 711 

Must  pave  between  rails  and  three  feet  on  each  side  of 

track  711 

No  corporation  to  have  exclusive  right  to  streets Jzt^ 

Not  to  interfere  with  operations  of  the  Fire  Department  721 

One    fair    for    continuous    trip 713 

Petition   for   construction   of 710 

Rates  of  fare  713 

Regulations  as  to  construction  of  track 711 

Smoking  and  spitting  on  cars  prohibited 719 

Transfers  and  transfer  tickets 713 

Vehicles  not  to  obstruct  track  of 716 

RAILROAD  TICKET  BROKERS— 

Certificate    to    be    given    purchaser 118 

Required    to    take    out    license 115 

Selling  altered  or  forged  tickets  forbidden 117 

To  refund  money  if  tickets  are  valueless 120 

Unlawful  to  call  out  business  in  streets 116 

RECEIVERS— 

Of  railroads  to  make  returns  63 

Personal!}'  liable   for  taxes   108 

To  list  property  for  taxation 53 

RECORDER— 

Causes   for   removal   18 

City  Council  authorized  to  appoint  a 332 

Duties  of  17 

Election    of    17  405 

If    Recorder    absent    himself    for    three    months    without 
leave,  or  neglects  to  attend  City  Court  for  same  period 

vacates  office 18 

May  sentence  to  hard  labor  on  streets 20 

Not  to  plead  in  certain  cases  410 


INDEX. 


447 


Ord  .     Acts 


Sec.     Page 

Oath  of  office  I7 

Powers   of   I7  4o8 

Salary    of    21  405 

Term   of   office 405 

To  hold  the  City  Court  405 

To  hold  the   Police  Court I7  409 

To  make  rules  for  Police  Court - 17 

To  report  his  opinion  on  points  of  law  submitted  to  him..     19 
When  required    to  give  written  opinion  to  Corporation....     19 

REGISTRAR— (See   Health   Officer.) 

REGISTRATION  BOOKS— 

Managers   of   Election  to  be   furnished  with   and   respon- 
sible  for  359 

Books  to  be  procured  and  opened 359 

To  be  turned  over  to  Supervisor  of  Registration 359 

REGISTRATION  OF  VOTERS— 

Voters  to  be  registered 355 

Oath    required    - 359 

Appeals   358 

Books  to  be  furnished  357 

Elector  to  have  Certificate 358 

Form  of  certificate  358 

Managers  to  be  furnished  with  books 359 

Municipal    registration,    how   made 35^ 

No   person   to   vote    unless    registered 349-356 

Oath  required  359 

Place   of   voting 358 

Polling   precincts   351 

Qualifications    for    registration 355 

Qualifications     for     registration 356 

Qualifications,   how   determined   357 

RETURNS— 

Assessor  to  add  to  value  of  property  listed,  when 86 

Assessor  to  furnish  annual  Abstract  of  to  Treasurer 93 

Assessor  to  summon  and  examine  parties  evading  or  mak- 
ing false  92 

Character  of 56 

Form  of  to  be  prescribed  bv  Assessor 82 

Of  Bankers    78 

Of  Banks    73 

Of    E.xpress    Companies 59 

Of  Insurance    Companies 66 

Of  Manufacturers    58 

Of  Merchants   57 

Of  non-property    holders 81 

Of    Railroad    Companies 60-61 

Of  Receivers  of  Railroad  Companies 64 

Of  Telegraph    Companies 59-6o 

Of    Telephone    Companies 59 

Penalty  for  making  false  return 83 

Time  for  making 56 

What  property  is  to  be  returned  for  taxation 55  , 


448 


INDEX. 


Sec.      Page 

Ord.     Acts 
RIGHT  OF  WAY— 

Ambulances    to    have 381 

Apparatus  of  Fire  Department  to  have 453 

RIOTS— 

Duty  of  Mayor  in  case  of  riots SS3 

ROOFS— 

Not  to  be  repaired  or  renewed  with  any  combustible  ma- 
terial      368 

To  be  of  slate,  tin  or  other  incombustible  material 369 

ROSIN— 

Landing  and   storage   of , 693 

SALARIES— 

City   Council    authorized    to   affix    salaries    of   all    officers 

appointed   by   them 332 

How  paid  113 

Of  all  City  officers,  may  be  altered  at  any  time  by  Council  773 
Same  to  officers  of  Institutions 773 

SALARY— 

Fixed  mode  of  payment 124 

Of  Assessor    43 

Of  Chief  and  officers  and  men  of  the  Fire  Department 449 

Of    City    Dispensar}'    Physicians 298 

Of    City    Electrician 208 

Of  City  Surveyor  and  Assistant 787 

Of  Clerk   of    Council 796 

Of  Clerk  of  the  City  Court 22 

Of  Clerks   to   the   Treasurer 40 

Of  Corporation    Counsel 25 

Of  Health    Officer 287 

Of  Master,  Matron,  and  Clerk  of  the  Alms  House 351 

Of  Maj^or  12 

Of  Mayor's    Secretary 802 

Of  Physician  of  the  Orphan  Home 361 

Of  Police    Force 423 

Of  Recorder    21 

Of  Sanitary    Inspectors,    to    be    prescribed    by    Board    of 

Health  262 

Of  Sheriff    ^5 

Of  Supt.  of  Chain  Gang 410 

Of    Superintendent    of    Sewers _ 186 

Of  Superintendent  of  Streets 129 

Of  Tidal    Drain    Keeper 179 

Of  Treasurer    39 

SANITARY  INSPECTORS— 

Duties  and  salaries  to  be  fixed  by  Board  of  Health 262 

To  be  appointed  by  Board  of  Health 262 

To  carry  out  instructions  of  Board  of  Health 262 

To  examine    Privy   Vaults 262 

To  examine   every   lot   in   their   District   at   least   once   a 
month    and    report 262 

SCALPERS— (See    Railroad    Ticket    Brokers.) 


INDKX,  449 

Ord  .     Acts 

SEAL—  Sec.      Page 

Custodian    of    2 

Description  of i 

SEAMEN— 

City  Council  authorized  to  matie  By-laws  and  Ordinances 

for  the  regulation  of 33^ 

SEPARATE  SANITARY  SEWERAGE  SYSTEM— 

All  plumbing  work  to  be  tested,  and  how  tested §5,  p.  5   194 

All   joints  of  cast  iron   with  lead  pipe,  to  be   made   with 

brass  ferrule  _ §8,  p.  5  194 

Applications   for  permits,  how  and  by  whom  made 195 

Bell  trap,  running  trap  or  any  trap  depending  for  its  seal 

on  a  movable  part,  shall  not  be  used §14,  p.  5  ^94 

Blanks  for  description  of  plumbing  work  to  be  obtained 

from    Superintendent    of    Sewers §1,    p.    5  I94 

Board  of  Health  may  order  connection  with  public  sewer  193 
Board   of  Health   may  prevent   discharge   of   sewage   into 

a  highway,  stream,   drain  or  private  sewer 193 

Broken  pipes  to  be  replaced  §17-  P-  5   ^94 

Cast  iron  hopper  not  to  be  leaded  into  pipe  or  trap,  but  to 

be  fastened  down  with  brass  screws §13,  p.  5  i94 

Cast  iron  traps  with  hand  holes  not  to  be  used §14,  p.  5   ^94 

City  authorized  to  establish 394 

Discharge    from   hydraulic   elevators ^22,   p.    5   194 

Drains  connected  with  public  sewer  to  be  4  inches  in  dia- 
meter      - ._ 194  (^) 

Drains  of  less  depth  than  one  foot  must  be  of  cast  iron, 

etc J 194  (f> 

Earthenware  pipes,  must  be  not  less  than  one  foot  under 

cover   of   earth    ■ I94  (<^) 

Ends  of  all   pipes   to  be   kept   closed   during  construction 

; §9,       P-       5      194 

Every  building  to  be  separately  connected  with  sewers..-  194  (c) 
Galvanized  or  rustless  iron  pipe  may  be  used  for  vent  pipes 

- §10,    p.    5  194 

Gas  and  water  pipes   must  be   protected i94  (s) 

Gaskets    must    be    used I94  (t>) 

Grade    of   pipe    - I94  (d) 

Horizontal  four  inch  cast  iron  pipes  to  have  fittings  and 

brass    screws    §6,    p.    5   I94 

House  drain  connections   §25.   p.   5   I94 

House  connection  branch  must  be  under  personal   super- 
vision of  Superintendent  of  Sewers §29,,  p.  5   194 

How   connections   are   to   be   made I94  (0) 

How  earthenware  hoppers  and  washout  closets  are  to  be 

fastened   §I3.   P-    5  I94 

How  iron  hopperfe  are  to  be  fastened'  bn  brick  or  cement 

floors    §13,    P;    5  194 

How   plans   and   regulations    with    reference   to   plumbing 

work  are  to  be  made §1.  P-  5  I94 

If  five  or  more  fixtures  are  attached,  waste  pipe  must  be 

two  inches  in  diameter  §11,  P-  5  I94 

If  water  pipe  is   laid  in  sewer  trench   it  must  be  to  one 

side,   etc I94  (d) 


450 


INDEX. 


Ord.     Acts 

Sec.      Page 
Interference   with    sewers,   manholes,   flush   tanks,    unlaw- 
ful        194  404 

Inside    of    all    pipes    to    be    perfectly    clean    before    being 

connected  §9,   p.   5  194 

In  passing  through  cellar  or  basement,  pipe  must  be  at- 
tached to  the  walls §12,  p.5   194 

Inspector   of    Plumbing   191 

Joints  in  lead  pipe  must  be  made  with  solder  and  wiped 

§9.   P-   5   194 

Joints  in  cast  iron  pipes  how  to  be  made §9,  p.  5  194 

Joints  in  clay  pipes  how  to  be  made §9,  p.   5   194 

Kitchen  sinks  to  have  traps §16,  p.   5   194 

Material  to  be  inspected  and  approved  before  being  used  194  ii) 
Making  connection  with  any  storm  or  sub-water  drain  or 
with  any  stream  or  water-course  within  the  City  unlaw- 
ful       194 

No  pipe  to  be  laid  within  five  feet  of  sewer  without  per- 
mission        194  (f) 

No  material  must  be  used,  before  inspected  and  approved  194  (0 
No   pipe   less   than    1^4    inch   inside    diameter   to   be   used 

-■ - §10,  p.  5  ^94 

Notice  must  be  left  at  office   Sunerintendent  twenty-four 

hours    before    laying    any    drain 194  (0 

No  trap  ventilating  pipe  shall  be  used  as  a  waste  or  soil 

pipe - §26,   p.   5  194 

No  waste  pipe  shall  be  tapped  into  the  soil  pipe §7,  p.  5  194 

No  water-closet  shall  be  used  which  has  unventilated 
space  of  more  than  one  hundred  cubic  inches  between 

two    seals    §14,    p.    S  I94 

No  work  must  be  covered  before  inspected  and  approved  194  (0 
No   work   to   be   done   unless   by   a   licensed,    skilled   and 

bonded   mechanic 195 

Only  one  fixture  on  a  T14  inch  waste  pipe §11,  p.  5  ^94 

Other  cast  iron  or  waste  pipe  than  horizontal  4  inch  pipe 

to  have  Y  branches §6,  p.  5  194 

Overflow   pipe   must   be   connected   on   inlet    side   of   trap 

;§27,      P-      5      194 

Penalty  for  refusal  or  neglect  to  make  connections 193 

Permits  to  make  connections  issued  only  when  plumbing 
work  and  material  are  in  accordance  with  rules  and  reg- 
ulations of  Article  S  of  this  Section 194  0") 

Pipes   for  water   closets,   kind   of §5-   P-    5  ^94 

Pipes  connected  with  sewer,  if  within  four  feet  of  build- 
ing or  10  feet  of  a  wall  or  cistern  shall  be  standard 
weight  cast  iron  pipe,   with   well   caulked  leaded  joints 

§12,   p.   5  194 

Plumbing  work,  regulations  for n.  =;  I94 

Plumbing  work,  plans  and  descriptions  must  be  fur- 
nished     §1,    p.    "^  194 

Regulations  as  to  Pan,  Defiance  and  other  closets.. ..514,  p.  ^  194 

Retiulations  as  to  S.  and   P.  traps §1=^.  p.   .=i  I94 

Regulation  of  .slop   sinks   in   yards §t6,   p.   5  194 

Regulations  as  to  catch  basins  or  sand  traps §t6,  p.   ?  194 

Regtibtions  as  to  ventilation  pipes  on  outside  walls  and 
buildings    §18,    p.    5   194 


INDEX.  ^^-^ 

Ori).     Acts 

Sec.      Page 
Regulations    as    to    ventilation    pipes    on    inside    buildings 

; ; §19,   P-   5  194 

Regulations  as  to  stone  pipes,  ,Y  branches,  etc §7,  p.  5  194 

Sanitary   "tees"   to  be   used   on   vertical   pipes §7,   p.   5   194 

Settling  of  earth  to  be  repaired  at  expense  of  person  for 

whom  drain  has  been  laid 194  (h) 

Size   of  pipe   to   be   used I94  (c) 

Slop  sinks  in  yards,  regulations  as  to §16,  p.  5  194 

Special  permit  for  each  case 195 

Steam  or  hot  water  must  pass  first  into  a  condenser§23,  p.  5  194 

Superintendent  of  Sewers,  office  of 191 

Supervising  Engineer  191 

There  must  not  be  more  than   10  inches  from  water  seal 

to  floor  §13.  P-  5  194 

To  cause  connections  to  be  made  by  other  than  a  licensed 

mechanic    unlawful 194 

To  make  connections  without  written  permission  unlawful  194 

Trenches   in   street   must   be   sheeted   and   braced 194   (g) 

Uncovering    public    sewer,    making    connection    therewith 

without  permission,  unlawful 194 

Unlawful  to  empty  into  sewer  anything  except  urine,  faeces 

and  closet  paper  p.  6  194 

Unlawful  for  house  drain  to  be  connected  with  any  privy, 

cess-pool,  etc p.  6  194 

Ventilating  pipes  for  water  closets §5,  p.  5  194 

Ventilation  of  traps,  rules  for §21,  p.   5  194 

Waste  pipes  of  less  than  two  inch  diameter,  to  be  of  lead 

- ■ - §10,    p.     5  194 

Waste  and  vent  pipes,  two  inches  or  more  inside  diameter 

to  be  of  cast  iron   §10,   p.   5  194 

Waste    pipe    from    refrigerator    or    other    food    receptacle 
not  to  be  connected   with   a   drain,   soil   or   waste   pipe, 

but  must  empty  into  an  open  sink §to.  p.  5  194 

Waste  pines   from   other  than   water   closets   may  be   dis- 
charged  into   open   trapped   yard   sink §11.   p.    5  ^94 

Waste  pipes  over  seven   feet  long,  must  have  ventilation 

pipe  carried  six  inches  above  eaves  of  roof §11,  p.  ^  194 

Waste   pipes   to   be   trapped §20,    p.    5  194 

Water-closets  to  be  so  located  as  to  have  not  less  than  15 
feet  drain  connection  to  sewer,  and  not  less  than  S  feet 

inside  nroperty  line  - §24,  p.  t   194 

Water    closets    and    separate    fixtures    must    be    trapped. 

how   §13.   P-   5   194 

Where  bottom  of  ditch  is  unsafe,  grade  must  be  made  se- 
cure b\-  concrete,  plankinp^  or  other  means 194  (d) 

SEWERAGE — (See  Separate   Sanitary  Sewerage   System.) 
SEXTONS— 

Hearse  keepers   to   deliver  certificates   to 331 

To  be  licensed  bv  Board  of  Health 332 

SHEEP— 

Commissioners  of  Market  to  establish  market  for  sale  of  519 
SHKRTFE— 

Bond    of 31 

Deputies    27 


452  INDEX. 


Ord  .     Acts 


Sec.      Page 

Election   of 27-36 

Every  month  to  lay  an  attested  statement  before  Council..     28 
Every  month  to  pay  over  same  to  Treasurer,  penalty  for 

faihu'e  to  do  so 28 

Oath  of  office 27 

Penalty   for   failure   to   furnish   to   Treasurer   abstract   of 

returns    29-30 

Penalty  for  failure  to  leave  copy  of  books  after  expiration 

of  office 33 

Salary 35 

To  furnish  to  Treasurer  abstract  of  returns 29 

To  keep  books  of  account 28 

To  make  proclamations 27 

To  make  returns  to  Treasurer  in  June  and  December 29 

To  leave  copy  of  books  after  expiration  of  office 33 

To  provide  box  and  make  jury  lists 15 

To    sell    delinquent    lands 96-97 

To  sue  and  distrain  for  non-payment  of  taxes 102 

SIDEWALKS— (See   Pavements.) 

SIGNAL  SERVICE— 

Interference  with  police  alarm  made  a  felony 394 

SINKING  FUND— 

Commissioners    of 125 

Duties    of    Commissioners 125 

Mayor   to   execute   titles 128 

Property  pledged  for  the  payment  of  bonds 126 

Sales    by    Commissioners 127 

SIGN  BOARDS— 

Persons  engaged  in  business  to  post  up 432 

SLINGSHOTS,  SPRING  GUNS,  ETC. 

Penalty    for 696 

Unlawful  to  shoot  within  the  City 696 

SMOKING— 

In  street  cars  prohibited 719 

On   Battery  prohibited 814 

On   wharves   prohibited 165 

SOAP  BOILERS— 

To  carry  on  the  trade  only  in  brick  or  stone  building 701 

SPARK     ARRESTERS— (See    Cotton) 737 

STEAM  ENGINES— 

Council    to    appoint    a    committee    to    examine    condition 

of  -■ - 734-736 

Committee    on    steam    engines    to    order    spark    arresters 

placed    737 

No  other  fuel  than  steam  coal  to  be  used 733 

Not    to    apply    to    engines    on    rivers 733 

Penalty  for  erecting  contrary  to  provisions  of  the  Ordi- 
nance     734 

Plans  and  specifications  to  be  submitted  to  Council 732 

To  be  erected  in  brick  or  stone  buildings 731 

Unlawful  to  blow  whistle  in  the  City 724 


INDEX.  453 

Ord  .     Acts 

Sec.      Page 
STEEL  YARDS— 

Not  to  be  used  in  the  markets 497 

Penalty  for  selling  bv 497 

STEPS— 

Not  to  advance  into  any  street 141 

STILLS— 

No  more  than  six  allowed  in  any  distillery 700 

Unlawful  to  keep  anv  exceeding  ten  gallons 699 

STOCKS  AND  BONDS— 

Exchange  of  scratched,  authorized 401 

Issue  of  four  per  cent,  bonds  to  take  up  stock 400 

Trustees    may    exchange 401 

STOVES— (See   Chimneys.) 
oTREET  CRIES— 

Clamorous  crying  of  wares  unlawful 739 

Not  lawful  before  6  A.  \l.  or  after  9  P.   ]\I 742 

STREET  DEPARTMENT— 

Approval  and  payment  of  bills  for  hands  and  carts 131 

Approval    and    paj'ment    of    bills    for    materials    and    ex- 
penditures      132 

Employment  of  laborers  and  carts 131 

Pay  of  street  hands  and  carts 131 

Regulations   for  the  government  of 135 

Removal   of  garbage 138 

Repairs  and  improvements 137 

STREETS— 

All  dirt  and  rubbish  thrown  in.  the  property  of  the  City..  139 
Commissioners,    with    reference    to    opening   or   widening 

streets,  to  be  appointed,  when 397 

Committee  on,  and  the  Mayor,  to  establish  regulations  135-142 

Condemnation  of  land  for  streets 397 

Crossings  of,  not  to  be  obstructed 635 

Encroachments  on  streets,  to  be  removed 144 

Filth'  found  on,  to  be  deemed  to  have  been  placed'  there 

from  the  nearest  lot 308 

Fire-wood,    coals,    goods,    etc.,    not    to    remain    on    street 

longer  than  4  hours 143 

Level   of   street   to  be  fixed  by   City   Surveyor 789 

License  required  of  persons  opening  streets  to  lay  pipes, 

etc 150 

Must  be  at  least  60  feet  wnde,  and  if  its  direction  is  East 

and  West,  must  run  from  river  to  river 149 

Names   changed   825 

Nature  of  proceedings  to  be   adopted   in   case   owners   refuse 
to   sell    their   lots    fronting   on    streets    proposed   to   be 

widened,    or    demand    an    unreasonable    price 397-400 

No  building,  fence  or  other  structure  to  be  erected  until 

the   line   of   street   is   laid   off 791-792 

No  fixtures  or  other  annexation   (sign  boards,  cloth  awn- 
ings and  balconies  excepted),  to  project  into  the  street  141 
No  new  street  to  be  opened  without  consent  of  Council....  149 
No  stand  for  sale  of  goods  allowed  in  the  streets 441 


454 


INDEX. 


Ord.     Acts 


Sec.      Page 

No  steps  to  be  advanced  into 141 

Not  to  be  opened  nntil  the  design  shall  have  been  sub- 
mitted and  approved  by  Council 395 

Numbering    826 

Opening    and    widening    of,    Commissioners     to     be     ap- 
pointed,   when    397 

Paper  not  to  be  placed  with  garbage 347 

Pay  of  laborers  and  carts  employed  on 131 

Penalty   for   opening  without   permission 396 

Pipes    not    to    be    laid    without    permission    of    Supt.    of 

Streets    ■ '50 

Pcijice  to  arrest  any  person  digging  up  streets  or  sidewalks  150 
Proceedings  in  case  owner  refuse  to  sell  property  to  open 

or  widen  397 

Proceedings   in   cases   where   infants,   lunatics,   guardians, 

ad  litem,  and  non-residents  are  interested 397 

Proceedings   to   be    recorded 397 

Proceedings  where  owner  refuse  to  appoint  commission....  397 

Regulations  for  the  removal  of  garbage 140-346 

Regulations  in  regard  to  awnings,  sign  boards,  balconies, 

etc .....438-440 

Regulations   to   be   observed   by   builders,   when   building 

or  repairing  I43 

Repairs  and  improvements  to  be  investigated  by  the  Mayor 

and    Committee    on 137 

Surface   of   streets   not   to   be   dug   up   between    ist   June 

and    1st    October    310 

The  level   of  the   street  to  be  ascertained  before  cutting 

down  the  surface  of  any  lot - 789 

Unlawful  to  cut  or  carry  away  any  post  put  on  edge  of 

pavement    436 

Unlawful  to  draw  off  oil  from  cask  on  pavement 433 

Unlawful  to  follow  bands  or  parades 75^ 

Unlawful  to  open  any  street  or  side-walk  without  permis- 

_sion 150-434 

Unlawful  to  roll  any  barrels,  wheel-barrows,  etc.,  on  foot 

pavements    435 

Unlawful  to  stand  on  streets  so  as  to  obstruct  same 437 

Unlawful  to  throw  any  glass,  etc.,  in  streets 145 

Where  street  sweepings  are  to  be  deposited 138 

(Sec  Cellar  Doors,  Lamps  and  Lamp  Posts.  Trees,  etc.) 
STREET  RAILWAYS— 

Amendment   of  rules   ._ 723 

Bridges,    drains,   etc.,   which   tracks   cross   to   be   kept    in 

repair    711 

Cars  not  to  stop  so  as  to  obstruct  intersecting  streets 720 

Cars  to  have  number  painted  on  side,  etc., 717 

Duty  of  conductors  and  motormen  of  cars 722 

Hours  when  cars  shall  run  712 

Idle  for  twelve  months,  may  be  sold  by  the  City 718 

No  privileges  to  be  construed  so  as  to  interfere  with  the 

operations    of    the    Fire    Department 721 


INDEX.  455 

Ord.      Acts. 

Sec.     Page 

Petitions    for    construction    of 7^0 

Rates  of  fare  to  be  charged 7^3 

Refusing  or  neglecting  to  run  cars  for  three  months,  may 

be  rented  by  the  City  7i8 

Regulations  for  the  building  of 7ii 

Regulations  regarding  lines  north  of  Line  Street  714 

Smoking  in  cars  of,  prohibited  7^9 

The  track  between  the  rails  to  be  paved  or  shelled 711 

Transfer  tickets  to  be  given 713 

Vehicles  not  to  obstruct  the  track  of 716 

SUBWAYS   AND   UNDERGROUND   WIRES— 

Bond  to  be  given - 248,  252 

Conduits  not  to  be   laid   without  permission   of  Mayor....  245 
Company  furnishing  city  duct  to  be  exempt  from  certain 

taxes    ; 249 

Distributing  poles  allowed 251 

Duct   to   be   furnished   city ., 249 

Liable   for   damage   to   gas   and   water   mains 248 

License  "for   Company  going  underground  before  July   i 

1907    ■ - -; 258 

Location   of   wires    to   be    designated- 250 

Maj'or    ma\-    extend    time 245 

Permit  to  be  granted  by  Mayor  and  committee  on  streets 

247 

Penalt}'    247 

Plans   and   specifications   to   be   filed   with   Mayor 246 

Streets  not  to  be  kept  open  more  than  i.ooo  feet  or  more 

than  ten  days 245  , 

Telephone  and  Telegraph  Companies  to  maintain  wires  in 

subways   in   certain   streets 253 

Time    254 

Trench  not  to  be  wider  than  five  leet 245 

Underground    streets     257 

SUNDAY— 

Bread  may  be  sold  from  bakeries  up  to  10  A.  M 757 

Horses,    etc.,   not   to   be   ridden   or   driven    faster   than   a 

walk  when  passing  churches,  on 760 

Ice  cream,  tobacco  and  cigars  and  fruit  may  be  sold  on 

after  12  M 757 

No  goods,  except  drugs,  milk  and  ice  to  be  sold  on 757 

No  sports,  public  exhibitions,  etc.,  allowed  on  758 

No  work  or  business  to  be  done  on 756 

Penalty    for    disturbing    religious    congregations 759 

Police   to   be   stationed   before   churches 761-762 

Unlawful  to  keep  open  bar  rooms  on 763 

Unlawful  to  sell  in  the  Market  on 486 

SUPERINTENDENT  OF  FIRE  ALARM— 

Accident  to  Fire  Alarm  to  be  reported  to 464 

Keys  to  alarm  boxes  to  be  under  control  of 467 

Not  to  leave  the  city  without  permission 456 

SUPERINTENDENT  OF  SEWERS— 

Duties    186 


456  INDEX. 

Ord.     Acts 

Sec.      Page 

Election  of  i86 

May  be  removed  for  incompetency,  neglect  of  duty,  etc i86 

No  sewer,  man  hole  or  flush  tank  to  be  uncovered  or  con- 
nected with,  except  under  supervision  of p.  i  and  3 — 194 

Plans  and  specilkations  to  be  filed  with,  before  plumbing 

work   is   commenced   P-    5.-    ^i — ^94 

Salary    186 

Term   of   office   186 

To  approve  connections  and  preserve  size  of  pipes 194  (c) 

To  approve  grades I94  (d) 

To  approve  work  and  material  before  same  is  covered  up  194  (i) 
To  be  notified  twenty-four  hours  before  any  drain  is  laid  194  (i) 
To  be  notified  when  plumbing  is  ready  for  inspection,  p.  5, 

§2 — 194 

To  enforce  compliance  with  the  law 196 

To  give  certificate  of  inspection  and  approval p.  5,  §2 — 194 

To  prevent  private  drains  discharging  into  sewers §6 — 194 

To  personally  supervise  all   house  connections   with   sew- 
ers   p.  5,  §29—194 

SUPERINTENDENT  OF  STREETS— 

Bond   of   129 

Duty    of    130 

Election    of    129 

Employment  of  laborers  and  carts 129 

Not  to  be  engaged  in  any  contract  with  the  City  134 

Penalty    for    opposing    or    molesting    Superintendent    of 

Streets 136 

Penalty  for  refusal  or  neglect  to  perform  his  duty 136 

Salary   of   129 

To  keep  a  complaint  book  for  citizens  and  for  reports  of 

Police  respecting  drains,  streets,  etc 131 

To  keep  a  daily  record  of  all  carts,  etc.,  and  of  material 

used    131 

To  keep  a  journal  of  all  work  going  on  131 

To    make    monthly    report    to    Council    and    amounts    ex- 
pended    133 

To  obey  all  orders  issued  by  the  Mayor  or  Committee  on 

Streets  136 

To  remove  all  garbage  and  keep  streets  clean  138 

SUPERVISOR  OF  REGIS'!  RATION— 

Books  of  registration  to  be  turned  over  to,  by  Commission- 
ers   357 

Books  to  be  returned  to  within  three  days  after  election....  359 
To  furnish  Managers  of  Election  with  one  of  the  registra- 
tion books  for  each  precinct  at  each  election 359 

TALLOW  CHANDLERS— 

To  carry  on  the  trade  only  in  brick  or  stone  building 701 

TAR— 

Landing  and  storage  of  '. 693 

TAX  RETURNS— (See  Returns) 


INDEX.  457 

Ord  .     Acts 

TAXES—  Sec.      Pace 

A  paramount  lien  on  property  for  two  years  104  361 

Appeals  in  re.  to  be  heard  by  Committee  on  Ways  and 

Means    99 

Assessed  on  bank  stock  to  be  a  lien 75 

Auctioneers  to  pay  tax  on  sales  of  goods 106 

Causes    for    non-collection    of 94 

City  Council  authorized  to  adopt  State  legislation  for  col- 
lection  of  363 

Collection  of  taxes  .■ 95    361-363 

Council  to  fix  time  of  payment  of  95 

Executors,  trustees,  etc.,  personally  liable  for 108 

Insurance   agents    personally    responsible    for 66 

License   taxes    on    business    •  362 

On  the   income  of  non-residents 361 

Penaltj'  for  non-payment  of 91 

Real  and  personal  property  to  be  sold  for  unpaid 363 

Sale    of    property    for    96-103  363 

To  be   a   lien   on  property 103 

To  be  held  as  a  debt  due  the  City 103 

To  be  levied  at  a  uniform  and  equal  rate 50 

TAXATION— 

Certain    manufactureres    exempted    no 

Forms  of  returns  of.  to  be  prescribed  by  the  Assessor....     82 

Of  banks   and   bank   stocks   7^-79 

Of  bankers  80 

Of  companies  and  corporations  70 

Of  insurance  companies  66-69 

Of  manufacturers  58 

Of  merchants  57 

Of  telegraph,  express  and  railroad  companies 59-64 

Personar  property  subject  to 53 

Property   exempt   from   52 

Property  to  be  valued  for,  according  to  its  selling  price..     84 

Valuation  of  personal   property  for  85 

What  property  to  be  returned   for S5-S6 

TELEGRAPH  COAIPANIES— 

Returns  of  59 

TELEPHONE  POLICE— 

Interference    with    made    a    felony 394 

TENEMENTS— 

Not  to  be  erected  without  consent  of  Council  374 

TIDAL  DRAIN  KEEPER— 

Each    "man    hole"    and    "sand    pit"    to   be    designated    by 

numbers   in   a   record   book   176 

Election  of  168 

Employment  of  labor  by,  subject  to  approval  of  the  Mayor  177 

How  "flushing"  is  to  be  done 171 

Responsible    for    faithful    performance    of    duty 178 

Salary,  and  when  and  how  same  shall  be  paid  178-179 

To  be  removed  for  neglect  of  duty 179 

To  examine  main  and  lateral  drains  175 

To    flush    drains    daily '. 170 


458  ^^^'^^^ 


Ord.     Acts 


Sec.      Page 

To  keep  a  record  book  169 

To  keep  drains  clear  of  all  obstructions i75 

To  keep  drains  open  at  night  - 172 

To  keep  gates  of  drains  open  during  heavy  falls  of  rain....  173 
To  make  daily  examinations  of  sand  pits  and  clean  same 

when    necessary    - ■ I7! 

To  note  in  the  record  book  the  condition  of  pits  and  make 

written  reports  to  the  Mayor  weekly  I74 

To  supervise  all  connections  of  private  with  tidal  drains..   175 

TIDAL  DRAmS— (See  Tidal   Drain   Keeper.) 

TIMBER— (See    Inspectors    and    Measurers    of   Timber    and 
Lumber.) 

TOY  PISTOLS— 

Sale  of  prohibited  697 

TRANSIENT    AUCTIONEERS— 

To  pay  tax  on  goods  sold 105 

TRAP    DOORS— 

Must  be  closed  every  evening  — -  585 

Penaltv  for  failure  to  close  585 

TREASURER— 

All  fines  and  forfeitures  to  be  lodged  with,  for  use  of  City  333 

Bond   of - 38 

City  Council  authorized  to  appoint  a  33^ 

Clerks   to   4° 

Election    of    - 37 

Old  books  to  be   destroyed  ii-i 

Salary   of   39 

Shall  have  custody  of  seal  of  City  2 

To  add  penalty  for  non-payment  of  taxes  91 

To  be  one  of  the  Commissioners  of  the  Sinking  Fund.—  125 

To  collect   taxes   95 

To  deposit  moneys  in  such  banks  as  Council  direct 4.1 

To  issue  executions  to  Sheriff,  for  sales  for  taxes  96 

•To  keep  seal  of  the  City 2 

To  make  payment  by  checks  42 

To  publish  rate  of  tax  levy  and  time  of  payment 100 

To  report  to  Council  whether  Sheriff  has  made  returns  to 

him  30 

What  causes  shall  be  assigned  by  Treasurer  for  not  collect- 
ing taxes  94 

TREES— 

Appropriation  for  158 

Commissioners   for   planting  and   protecting  trees   158 

No  trees  to  be  planted  unless  with  approval  of  said  Com- 
missioners   159 

Penalty   for  destroying  or   injuring  trees 160 

TREES,  COMMISSIONERS  FOR  PLANTING,  &c.— 

Not  to  be  trimmed  by  telegraph,  &c.,   companies,  except 
with  permission  of  (Commissioners  221 

TRUSTEES— 

Personally   liable   for  taxes   108 

To  list  property  for  ta.xation 53 


INDEX.  459 

Ord.     Acts 

TURPENTINE—  Sec.      Page 

Landing    and    storage    of 693 

UNDERGROUND  WIRES— (SEE  Subways.) 

UNSAFE  BUILDINGS— 

Proceedings  in  relation  to  375-379 

VACANCIES— 

In  Board  of  Aldermen,  how  filled - 350 

In  Boards  of  Commissioners,  how  filled 767 

In  city  officers,  how  filled  765-768 

In  office  of  Mayor,  how  filled  35° 

In  offices   of  public   institutions,   how   filled 769-770 

VACANT  LANDS  COVERED  BY  WATER— 

Title  to  vested  in  City  Council  333 

VACANT  LOTS— 

To    be    fenced    151 

VACCINATION— 

Board  of  Control  or  trustees  may  require,  of  teachers  or 

scholars  in  case  of  smallpox  3^4 

VEHICLES— (See  Carts  and  Dravs.) 

Without  horses  to  be  removed  from  streets  638 

VESSEL— 

Not  to  be  secured  to  railing  at  White  Point  Garden 810 

On  fire  -^ 462 

VOTING  PRECINCTS— 

Enumerated  and  defined  and  polling  places   designated.—  351 

WAGONS— (See  Carts  and  Drays.) 

WALLS— (See    Buildings.) 

Council  to  regulate  size  and  construction  of 367 

Of  brick  and  stone  buildings,  regulations  respecting 580 

Of    tenement    buildings,    size    of 579 

WARDENS— (See  Aldermen.) 

WARDS— 

Division   of   the   City   of   Charleston   into   twelve 347 

Each  to  be  represented  in  City  Council  by  two  Aldermen  348 

Numbered  and  boundaries  defined  347 

One  Alderman  for  each,  to  be  elected  by  voters  in  Ward....  348 
Twelve    Aldermen,    one    representing   each    Ward,    to   be 

elected  on  general  ticket  348 

WASHINGTON   SQUARE— 

Location    of 819 

WATER  LOTS— 

Owners  compelled  to  fill  or  drain  same  : 389 

WATER-WORKS— 

Duty  of  police   203 

Unlawful  to  hitch  horses  or  other  animals  to  hydrants....  199 

Unlawful   to   interfere   with   fire   hydrants   198 

Unlawful  to  obstruct  fire  plugs 200 

Unlawful  to  open  any  fire  plug  197 

Unlawful  to  remove  or  injure  fire  plugs 201 

Penalty    202  [ 


460 


INDEX. 


Ord  .     Acts 


WEEDS—  Sec.      Page 

In  grounds  of  public  buildings,  church  yards  ,etc.,  to  be 

removed    once    a    fortnight    Z2)7 

WEIGHTS  AND  MEASURES— 

Commissioners  of  the  Market  to  make  rules  for  govern- 
ment  of   Clerk   of   Weights   and   Measures 50T 

Clerk  of,  elected  by  Commissioners  of  Market 501-522 

Clerk  of,  office  to  be  opened  every  day 523 

Clerk  of,  salary  and  how  paj'able  - S22 

Clerk  of,  to  furnish  certificates  of  weight,  and  to  collect 

fees  for  same  524 

Clerk  of,  to  make  an  entry  of  all  stock  sold,  weight,  etc.  520 

Contents  of  a  pound,  ounce,  etc 527 

Dry  measure,  contents  of  a  bushel,  peck,  quart,  pint  etc 527 

Dry  measures  to  be  of  standard  capacity  and  stamped....  535 

Every  retail  dealer  to  keep  a  complete  set  of  54S 

False  scales  beams,  etc.,  to  be  seized  and  forfeited 541 

Fees   for   adjusting,   etc.,    scales,   balances,   measures,   etc. 

shall  be  fixed  by  Commissioners  of  Market 532 

Grain  to  be  sold  by  dry  measure 529 

Liquid  measures  to  be  of  standard  capacity  and  stamped  534 

Liquids  to  be  sold  by  wine  measure 529 

Penalty  for  using  or  being  in  possession  of  false  weights 

or  scales  541 

Quarter  peck  to  be  used  as  a  dry  measure 530 

Standard  measures  of  extension  to  consist  of,  which 526 

Standard  measures  of  extension,  weight  or  capacity,  to  be 

made  of  brass  or  copper  531 

The   cubic    inch    to   be    the    standard    for    adjustment    of 

measures    of    capacity 528 

To  be  carried  to  Clerks  office  to  be  inspected 546 

Troy    weight    used    by    banking    institutions,    the    proper 

standard  for  adjusting  avoirdupois  weights  527 

Weighers  on  public  wharf  to  take  an  oath  540 

Weights  and  measures  not  capable  of  adjustment,  to  be 

forfeited 539 

Weignts  and  measures  capable  of,  to  be  adjusted  539 

Weights  and  measures  deficient,  to  be  seized 538 

Weights    and    measures    to    be    inspected    and    examined 

every  three  months 533 

Weights    for   commercial   purposes,   except    for   weighing 

gold  or  silver,  to  be  by  avoirdupois  standard  529 

Weights,  scales,  balances,  measures,  etc.,  to  be  under  con- 
trol of  Commissioners  of  Market  532 

Weights  to  be  adjusted  by  the  troy  weight  527 

Weights  to  be  stamped  or  certified  to 537 

Weights    used    for    commercial    purposes    to   be   of   iron, 

brass    or    composition 531 

Wine  measure,  contents  of  a  gallon,  quart,  etc 528 

Yard  measures  to  be  stamped  on  both  ends 531 

Yard  sticks  to  be  of  standard  length  and  stamped 536 


INDEX.  4gj^ 

Ord  .     Acts 

WELLS   AND    PUMPS— (Public.)  Sec.      Page 

Board  of  Fire-Masters  to  have  charge  of  City  wells  and 

pumps    206 

Casks  not  to  be  filled  without   using  a   funnel 205 

Penalty  for  injury  to  204 

Regulations   for  sinking  public  wells  and  erecting  public 

pumps    204 

Unlawful  to  wash  horses,  carriages,  clothes  etc.,  at  public 

pump    204 

WHARVES— 

Smoking  on  prohibited  165 

South  end  of  Council  Street  a  public  landing 166 

Unlawful  to  fill  up  with  any  offensive  matter 162 

Unlawful  to  throw  any  offensive  matter  upon 161 

Unlawful  to  throw  fruit  or  vegetables  in  docks  163 

WHITE  POINT  GARDEN— 

Fish  or  other  articles  of  sale  not  to  be  sold  on 808 

Fishing  boats  not  to  be  made  fast  to  the  Battery,  at 808 

Fishing  nets  not  to  be  hung  upon  the  railings 808 

Indecent  and   disorderly  conduct   on,   punished 809 

No  vessel  to  be  secured  or  moored  to  the  railings 810 

Not  to  be  used  for  celebrations  813 

Smoking  on,  except  at   certain   hours,  prohibited 814 

LInlawful  to  land  any  boards,  lumber,  etc.,  at 810 

Unlawful  to  lead  or  drive  any  cows  or  hogs  in _—  812 

LInlawful  to  ride  lead  or  drive  horses  or  mules  in 811 

WILLIAM  ENSTON  HOME— 

Board    of    Trustees 387 

Board  to  appoint  officers,  fix  their  compensation  and  re- 
move them  at  pleasure  - 390 

Cottages  to  be  built  of  brick  in  rows 395 

History  of  386 

Improvement  of  grounds  392 

Income  only  to  be  expended 396 

Investments  and  property  invested  in  Trustees 393 

Location  and  name  of  Home  fixed  391 

No  person  under  45 ;  no  lunatic  to  be  admitted 389 

One  hundred  feet  square  to  be  reserved  for  erection  of  a 

perpetual  memorial  to  Wm.  Enston  392 

Power   to   change    investments 394 

Six  appointments  shall  always  remain  in  family  of  Wm. 

Enston    389 

To  make  rules  387 

Trustees  to  report  annually  to  Council  397 

Vacancies  in  Board  to  be  filled  by  remaining  Trustees 388 

Who  to  be  admftted  to  Home  389 

WINE  MEASURE— 

Contents    of 528 

Unlawful   to   use   any,   not   of  the   standard   capacity  and 

stamped 534 

Wines,  spirituous  liquors  and  all  liquids  to  be  sold  by....  529 

31 


462  ^^^^-^- 

Ord  .     Acts 

WIRES,  POLES,  ETC.—  Sec.      Face 

Felony  to  injure,  of  Fire  Alarm,  Police  Signal,  Telephone 

or  of  any  other  Municipal  corporation 4^7 

(Sec  also  Electric  Wires  and  Poles.) 
WOOD— 

Contents  of  a  cord  of 553 

Crooked,  to  be  corded  separately 554 

Fees    for    measurement    of    557 

If  refuse  or  billet  wood  is  mixed  with  merchantable,  the 

whole  to  be  forfeited  554 

No  factor  or  seller  of,  to  be  measurer  556 

Penalty  for  refusal  to  measure  wood  555 

To    be    inspected 553 

To  be  measured  and  corded  553 

WOODEN  BUILDINGS— 

After  1862,  no  roof  to  be  repaired  with  combustible  mate- 
rial   under   penalty    -...-—  369 

City  Council  may  permit  the  erection  of  in  certain  limits  374 

Declared   to   be   nuisances   and   to   be   abated 367 

Description  of  the  localities   in   which  the   erection  of  is 

prohibited   -- - 37^-373 

Erected  since  1838,  may  be  removed  by  City  Council 369 

May  be  erected  in  certain  localities  for  a  certain  period....  369 

Not   to   be   constructed   366 

Not  to  be  raised  on  brick  foundations,  unless  the  roof  be 

covered   with    incombustible    material    369 

Restrictions  as  to  the  erection  of,  removed  except  as  to 

certain    localities    370 

Roofs  to  be  covered  with  slate,  tin  and  other  incombustible 

material     368 

WRAGG  MALL— 

Defined    824 

YARD  MEASURE— 

Declared  to  be  the  standard  measure  of  extension 526 

Every  person  selling  goods  by,  to  keep  at  least  one  yard 

stick  of  the  standard  length 536 

Found  to  be  deficient,  to  be  destroyed 536 

None  to  be  used,  unless  of  standard  length  and  stamped  — .  536 

To  be  stamped  at  both  ends  531  ; 


UNIVERSITY   OF  CALIFORNIA  LIBRARY 
BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 

STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  >ncreasmg 
to  $1.00  per  volume  after  the  sixth  day.  _  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


'■-^  ■    /  \JC 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


itii» 


m 


